KANSAS CHILD SUPPORT GUIDELINES - · PDF fileAdministrative Order No. 216 Amended November 30,...

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KANSAS CHILD SUPPORT GUIDELINES

Pursuant to Kansas Supreme Court Administrative Order No. 216 Amended November 30, 2007 Amended November 16, 2009

Effective January 1, 2008

November 16, 2009 Updates Effective January 1, 2010:

Addition of Section III,B,10 Update to Section IV,D,4

Addition of 2009 and 2010 Federal Tax Schedules

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TABLE OF CONTENTS I. USE OF THE GUIDELINES ................................................................................. 1 II. DEFINITIONS AND EXPLANATION .................................................................... 2

A. Child Support ............................................................................................. 2 B. Child Support Worksheet ........................................................................... 2 C. Child Support Schedules ........................................................................... 2 D. Domestic Gross Income - Wage Earner .................................................... 3 E. Income Computation - Self-Employed ....................................................... 4

1. Self-Employment Gross Income ...................................................... 4 2. Reasonable Business Expenses ..................................................... 4 3. Domestic Gross Income - Self-Employed ....................................... 4

F. Imputed Income ......................................................................................... 4 G. Child Support Income ................................................................................ 5 H. Child Support Adjustments ........................................................................ 5

III. GENERAL INSTRUCTIONS ................................................................................ 5 A. Documentation ........................................................................................... 5 B. Applications ............................................................................................... 6

1. Rounding ......................................................................................... 6 2. Age .................................................................................................. 6 3. Income Beyond the Child Support Schedule ................................... 6 4. More than Six Children .................................................................... 6 5. Divided Residency Situations .......................................................... 6 6. Multiple-Family Application ............................................................. 7 7. Shared Expense Formula ............................................................... 8 8. Residence with a Third Party ........................................................ 10 9. Interstate Pay Differential .............................................................. 10 10. Birth Expenses .............................................................................. 10

IV. SPECIFIC INSTRUCTIONS FOR THE WORKSHEET ...................................... 10 A. Income Computation - Wage Earner (Section A) ..................................... 10 B. Income Computation - Self-Employed (Section B) ................................... 11 C. Adjustments to Domestic Gross Income (Section C) ............................... 11

1. Domestic Gross Income (Line C.1) ............................................... 11 2. Court-Ordered Child Support Paid (Line C.2) ............................... 11 3. Court-Ordered Maintenance Paid (Line C.3) ................................. 11 4. Court-Ordered Maintenance Received (Line C.4) ......................... 11 5. Child Support Income (Line C.5) ................................................... 12

D. Computation of Child Support (Section D) ............................................... 12 1. Child Support Income (Line D.1) ................................................... 12 2. Proportionate Shares of Combined Income (Line D.2) .................. 12 3. Gross Child Support Obligation (Line D.3) .................................... 12 4. Health, Dental, Orthodontic, and Optometric Expenses (Line D.4) 13

a. Health, Dental, Orthodontic and Optometric Premiums .......... 13 b. Unreimbursed Health Costs .................................................... 13

5. Work-Related Child Care Costs (Line D.5) ................................... 14 6. Parents’ Total Child Support Obligation (Line D.6)........................ 15 7. Parental Child Support Obligation (Line D.7) ................................ 15 8. Adjustment for Health, Dental, Orthodontic, and Optometric

Premiums and Work-Related Child Care Costs (Line D.8) ........... 15 9. Basic Parental Child Support Obligation (Line D.9) ....................... 15

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E. Child Support Adjustments (Section E) .................................................... 15 1. Long-Distance Parenting Time Costs (Line E.1) ........................... 16 2. Parenting Time Adjustment (Line E.2) .......................................... 16 3. Income Tax Considerations (Line E.3) .......................................... 18 4. Special Needs (Line E.4) .............................................................. 18 5. Support of Children Beyond the Age of Majority (Line E.5) ........... 19 6. Overall Financial Conditions of the Parties (Line E.6) ................... 19 7. Total (Line E.7) .............................................................................. 19

F. Deviation(s) From Rebuttable Presumption Amount (Section F) ............. 19 1. Basic Parental Child Support Obligation (Line F.1) ....................... 20 2. Total Child Support Adjustments (Line F.2) .................................. 20 3. Adjusted Subtotal (Line F.3) .......................................................... 20 4. Enforcement Fee Allowance (Line F.4) ......................................... 20 5. Net Parental Child Support Obligation (Line F.5) .......................... 20

G. Payment of Child Support ........................................................................ 20 V. CHANGE OF CIRCUMSTANCES ...................................................................... 21 VI. REVIEW OF GUIDELINES ................................................................................. 22 ENDNOTES .................................................................................................................. 23 APPENDIX I .................................................................................................................. 28

Child Support Worksheet .................................................................................... 28 APPENDIX II ................................................................................................................. 30

Child Support Schedules .................................................................................... 30 APPENDIX III ................................................................................................................ 36

Domestic Relations Affidavit ............................................................................... 36 APPENDIX IV ................................................................................................................ 43

Interstate Pay Differential ................................................................................... 43 APPENDIX V ................................................................................................................. 49

Income Tax Considerations ................................................................................ 49 Section A - Dependent’s Exemption And Child Tax Credit ...................... 49 Section B – Head of Household Adjustment ............................................ 50 Section C – Additional Information ........................................................... 51

Federal Income Tax Factors ............................................................................... 52 Kansas Income Tax Factors ............................................................................... 53

APPENDIX VI ................................................................................................................ 55 Cafeteria Plans and Salary Reduction Agreements ............................................ 55

APPENDIX VII ............................................................................................................... 56 Completed Sample Child Support Worksheet .................................................... 56

APPENDIX VIII .............................................................................................................. 58 Examples and Scenarios for Preparing the Child Support Worksheet ................ 58

EXAMPLE 1. Section IV. Specific Instructions for the Worksheet ............ 58 EXAMPLE 2. Section III. General Instructions ......................................... 62

APPENDIX IX ................................................................................................................ 64 Military Pay and Allowances ............................................................................... 64

Appendix X .................................................................................................................... 67 TOPIC INDEX ............................................................................................................... 73

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Administrative Order 216 Re: 2008 KANSAS CHILD SUPPORT GUIDELINES

I. USE OF THE GUIDELINES

The Kansas Child Support Guidelines are the basis for establishing and reviewing child support orders in Kansas, including cases settled by agreement of the parties. Judges and hearing officers must follow the guidelines and the court shall consider all relevant evidence presented in setting an amount of child support.

The Net Parental Child Support Obligation is calculated by completing a Child Support Worksheet (Appendix I). The calculation of the respective parental child support obligations on Line D.9 of the worksheet is a rebuttable presumption of a reasonable child support order. If a party alleges that the Line D.9 support amount is unjust or inappropriate in a particular case, the party seeking the adjustment has the burden of proof to show that an adjustment should apply. If the court finds from relevant evidence that it is in the best interest of the child to make an adjustment, the court shall complete Section E of the Child Support Worksheet. The completion of Section E of the worksheet shall constitute the written findings for deviating from the rebuttable presumption.

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II. DEFINITIONS AND EXPLANATION

A. Child Support

The purpose of child support is to provide for the needs of the child. The needs of the child are not limited to direct expenses for food, clothing, school, and entertainment. Child support is also to be used to provide for housing, utilities, transportation, and other indirect expenses related to the day-to-day care and well-being of the child.

B. Child Support Worksheet

The worksheet should contain the actual calculation of the child support based on Child Support Income, Work-Related Child Care Costs, Health, Dental, Orthodontic, and Optometric Insurance Premiums, and any Child Support Adjustments. (See Section IV, Specific Instructions for the Worksheet and Appendix VII, for a completed sample worksheet.)

C. Child Support Schedules

The Child Support Schedules (Appendix II) are adopted by the Kansas Supreme Court based on the recommendation of the Kansas Child Support Guidelines Advisory Committee.1 The schedules are based upon national data regarding average family expenditures for children, which vary depending upon three major factors: the parents’ combined income, the number of children in the family, and the ages of the children.2 The schedules are derived from an economic model initially developed in 1987 by Dr. William Terrell.3 In the fall of 1989, Dr. Ann Coulson updated the schedules,4 which were then modified downward at lower income levels in 1990 at the Court’s request, and adjusted for current economic data in 1993.5 Dr. William Terrell reviewed various studies and foundation data in 1998 and 2002. These reviews led to updated schedule proposals; however, no changes were made in 1998. His more recent statistical analyses and attendant schedule changes provide the basis for the committee’s recommendations that were adopted by the Court in 2003.6 Dr. Jodi Messer-Pelkowski worked with Dr. Terrell during the review period which led to the adoption of Kansas Supreme Court Administrative Order No. 180 effective January 1, 2004, and took over Dr. Terrell’s work during 2005.7 Her analysis of economic trends in spending on children served as the basis for the committee recommendations in 2007.

The schedules take into consideration that income deductions for social security, federal retirement, and federal and state income taxes, as

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well as property taxes on owner-occupied housing, are not available to the family for spending.8 Thus, although the schedules use combined gross monthly income as an index that identifies values in the child support schedules, the entries in the schedules used to calculate the actual child support obligation are based upon either consumption spending9 or after-tax income, whichever is lower. The schedules also include a built-in reduction from average expenditures per child (the dissolution burden), because of the financial impact on the family of maintaining two households instead of one.10

D. Domestic Gross Income - Wage Earner

The Domestic Gross Income for the wage earner is income from all sources, including that which is regularly or periodically received, excluding public assistance and child support received for other children in the residency of either parent. For purposes of these guidelines, the term “public assistance” means all income, whether in cash or in-kind, which is received from public sources and for which the recipient is eligible on the basis of financial need. It includes, but is not limited to, Supplemental Security Income (SSI), Earned Income Credit (EIC), food stamps, Temporary Assistance for Needy Families (TANF), General Assistance (GA), Medicaid, Low Income Energy Assistance Program (LIEAP), Section 8, and other forms of public housing assistance. It may be necessary for the court to consider historical information and the seasonal nature of employment. For example, if overtime is regularly earned by one of the parties, then a historical average of one year should be considered. In instances where one or both of the parties is employed by a branch of the armed forces or is called to active duty by a branch of the armed forces, then the court shall include the basic pay of the party plus Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). The court may consider cost of living differences in determining the Domestic Gross Income. Depending upon the facts of the case, the court may consider the BAH II Incentive or Special Pays and other forms of pay as found in Appendix IX. Frequently, a wage earner’s income is adjusted for a salary reduction arrangement for qualified benefits offered under a cafeteria plan (See Appendix VI). In such cases, the use of gross wages (total income before any salary reduction amounts) results in the simplest and fairest application of the guidelines. Therefore, the gross income of the wage earner, regardless of whether it is taxable or nontaxable, is to be used to compute child support payments.

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E. Income Computation - Self-Employed

1. Self-Employment Gross Income

Self-Employment Gross Income is income from self-employment and all other income including that which is regularly and periodically received from any source excluding public assistance and child support received for other children in the residency of either parent.

2. Reasonable Business Expenses

In cases of self-employed persons, Reasonable Business Expenses are those actual expenditures reasonably necessary for the production of income. Depreciation shall be included only if it is shown that it is reasonably necessary for the production of income. Reasonable Business Expenses shall include the additional self-employment tax paid over and above the FICA rate.

3. Domestic Gross Income - Self-Employed

Domestic Gross Income for self-employed persons is self-employment gross income less Reasonable Business Expenses.

F. Imputed Income

1. Income may be imputed to the parent not having primary residency11 in appropriate circumstances, including the following: a. Absent substantial justification, it should be assumed that a

parent is able to earn at least the federal minimum wage and to work 40 hours per week.

b. When a parent is deliberately unemployed, although capable of working full-time, employment potential and probable earnings may be based on the parent’s recent work history, occupational skills, and the prevailing job opportunities in the community.

c. When a parent receives significant in-kind payments that reduce personal living expenses as a result of employment, such as a company car, free housing, or reimbursed meals, the value of such reimbursement should be added to gross income.

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d. When there is evidence that a parent is deliberately

underemployed for the purpose of avoiding child support, the court may evaluate the circumstances to determine whether actual or potential earnings should be used.

2. Income may be imputed to the parent having primary residency in

appropriate circumstances, but should not result in a higher support obligation for the other parent.

G. Child Support Income

Child Support Income is the Domestic Gross Income after adjustments for child support paid in other cases and for maintenance paid or received in the present case or other cases. (See Section IV, Specific Instructions for the Worksheet, subsection D.1 and Appendix VII for a sample worksheet.)

H. Child Support Adjustments

Child Support Adjustments are considerations of additions or subtractions from the Net Parental Child Support Obligation to be made if in the best interests of the child. (See Section IV, Specific Instructions for the Worksheet, subsection E.)

III. GENERAL INSTRUCTIONS

A. Documentation

The party requesting a child support order or modification shall present to the court a completed worksheet, together with a completed Domestic Relations Affidavit (Appendix III). This information shall assist the court in confirming or adjusting the various amounts entered on the worksheet. The information required shall be attached to the application for support or motion to modify support.

A worksheet approved by the court shall be filed in every case where an order of child support is entered.

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B. Applications 1. Rounding

Calculations should be rounded to the nearest tenth for percentages.

Calculations should be rounded to the nearest dollar in all instances. In using the Child Support Schedules for income amounts not shown, it may be necessary to round to the nearest basic child support obligation amounts.

2. Age

In determining the age of a child, use the age on the child’s nearest birthday.

3. Income Beyond the Child Support Schedule

If the Combined Child Support Income exceeds the highest amount shown on the schedules, the court should exercise its discretion by considering what amount of child support should be set in addition to the highest amount on the Child Support Schedule. For the convenience of the parties, a formula is contained at the end of each child support schedule to compute the amount that is not set forth on the schedules. (See Appendix VIII, Example 2.)

4. More than Six Children

If the parties share legal responsibility for more than six children, support should be based upon the established needs of the children and be greater than the amount of child support on the Six Child Families’ Schedule.

5. Divided Residency Situations

Divided Residency is when parents have two or more children and each parent has residency of one or more of the children.

For Divided Residency, if each parent has primary residency of one or more children, a worksheet should be prepared for each

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family unit using the Child Support Schedule which corresponds with the total number of children of the parties living in each family unit. If the parties’ children are covered by the same health insurance policy, the cost should be prorated based upon the number of children in each family unit. Upon completion of the two worksheets, the lower Net Parental Child Support Obligation is subtracted from the higher amount. The difference is the amount of child support the party having the higher obligation will pay to the party with the lower obligation. (See Appendix VIII, Example 1, Subsection D.2, Scenario 8.)

6. Multiple-Family Application

The Multiple-Family Application may be used to adjust the child support obligation of the parent not having primary residency when that parent has legal financial responsibility for the support of other children who reside with that parent. The Multiple-Family Application may be used only by a parent not having primary residency when establishing an original order of child support or an increase in support is sought by the parent having primary residency. If using the Multiple-Family Application will result in a gross child support obligation (Line D.3 in the Child Support Worksheet) below the poverty level, the use of the Multiple-Family Application is discretionary. For the Multiple-Family Application, if the parent not having primary residency has children by another relationship who reside with him/her, use the Child Support Schedule representing the total number of children the parent not having primary residency is legally obligated to support to determine the basic child support obligation. (See Section IV, Specific Instructions for the Worksheet, subsection D.3; and Appendix VIII, Example 1, subsection D.2, scenarios 6 and 7.) If the wife of the parent not having primary residency or the parent not having primary residency herself is pregnant at the time of the motion to increase child support, the court shall complete two Child Support Worksheets, one with Multiple-Family Application including the unborn child, and one without the unborn child. The court shall then order that, until the birth of the child, the child support amount from the Child Support Worksheet (without a Multiple-Family Application based on the new child) will be utilized. Beginning with the first payment following the birth of the child, the child support amount from the Child Support Worksheet including the new child shall be utilized.

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In the instance of shared residency or divided residency, the Multiple-Family Application is available to either party in defense of a requested child support increase.

7. Shared Expense Formula

Parents who share the children’s time equally or nearly equally may be eligible for a parenting time adjustment (see Section IV, E. 2) or use the shared expense formula, but not both. In most cases, parents who share their children’s time equally or nearly equally should consider requesting a parenting time adjustment provided for in Section IV. E. 2 rather than use the shared expense formula.

Sharing expenses and using the Shared Expense Formula is an alternative method of paying expenses related to the children. Sharing expenses and using the shared expense formula is complicated and requires parents to communicate and cooperate regularly. Sharing expenses and using the formula should only be attempted by parents who communicate well, who are highly cooperative co-parents, who have the ability and willingness to keep accurate records for the period of time necessary to raise their children, who will timely share the children’s direct expenses, who have similar values and tastes, who have considered the current and future needs of their children carefully, and who are willing and able to resolve minor problems without the intervention of others.

a. Court Approval. No shared expense formula shall be

ordered without the court having approved the following four requirements: 1. Equal parenting time. A court must have made a

determination that equal parenting time is in the best interests of the minor children. The children’s time with each parent must be regular and equal or nearly equal rather than equal based on a nonprimary residency extended parenting time basis (i.e., summer visitation, holidays, etc.).

2. Agreed Detailed Plan.

a. The parties have executed a detailed written agreement to share the direct expenses of the child on an equal or nearly equal basis. Direct

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expenses include, but are not limited to, clothing and education expenses, but do not include food, transportation, housing, or utilities.

b. Unreimbursed health expenses (Section IV,

Specific Instruction for the Worksheet, subsection D.4.b) should continue to be shared in proportion to the parties’ income. See worksheet Line D.2.

c. Direct expenses may be shared by dividing

each expense or by offsetting expenses. Samples of different expense sharing plans are shown at Appendix X of the Guidelines. These are shown for illustration purposes only.

3. Worksheet. The parties must present a child support

worksheet using the shared expense formula. 4. Alternative dispute provision. The parties shared

expense agreement must include an alternative dispute process for any disagreements the parents may have concerning the children’s expenses.

b. Sanctions. Failure to share expenses pursuant to the

expense sharing agreement or failure to abide by the time sharing agreement may result in termination of the use of the shared expense formula or other appropriate sanctions.

c. Shared Expense Formula. The support is calculated using one worksheet. The amount of the lower Net Parental Child Support Obligation (Line F.5) is subtracted from the higher amount and the difference is then multiplied by .50. The resulting amount is the child support the party having the higher obligation will pay to the party with the lower obligation.

d. Prospective application. This section shall apply

prospectively and its adoption shall not constitute a material change in circumstances in shared residential custody arrangements ordered prior to the effective date of these guidelines.

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8. Residence with a Third Party

If the child is residing with a third party, the court shall order each of the parties to pay to the third party their respective amounts of child support as determined by the worksheet.

9. Interstate Pay Differential The cost of living may vary among states. The “Average Annual Pay by State and Industry” as reported by the United States Department of Labor Statistics can be used to compute a value for the interstate pay differential. Appendix IV provides instructions and an example. The adjusted monthly income figure is entered on Line A.1, Line B.1, or Line C.4, as appropriate. There is a rebuttable presumption that the adjusted pay amount reflects the variance in average pay. The application of the Interstate Pay Differential is discretionary. The income of the parties will not be subject to an interstate pay differential if both parties live in Kansas or reside in the same metropolitan statistical area (MSA).

10. Birth Expenses If a judgment for birth expenses is awarded, the presumed

amount is the parent’s proportionate share as reflected in Line D.2 of the Worksheet.

If a parent’s proportionate share of the birth expenses is more than 5% of the parent’s current gross annual income projected over five years, the parent may request deviation from the presumed amount.

IV. SPECIFIC INSTRUCTIONS FOR THE WORKSHEET A completed worksheet using an example is attached as Appendix VII. A. Income Computation - Wage Earner (Section A)

Section A of the worksheet determines the Domestic Gross Income for wage earners. Federal and State withholding taxes and Social Security are already considered within the Child Support Schedules. The amount of the Domestic Gross Income is entered on Line A.1 and also on Line C.1 (See Appendix VII, for a completed worksheet and Appendix VIII, Example 1, subsection A.)

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B. Income Computation - Self-Employed (Section B)

Section B of the worksheet determines the Domestic Gross Income (Line B.3) for self-employed persons. Reasonable Business Expenses (Line B.2) will be deducted from the Self-Employment Gross Income (Line B.1). The resulting amount on Line B.3 is also entered on Line C.1. (See Appendix VII, for a completed worksheet and Appendix VIII, Example 1, subsection B.)

C. Adjustments to Domestic Gross Income (Section C)

This section contains adjustments to Domestic Gross Income for individuals who are wage earners in Section A or self-employed persons in Section B of the worksheet. The payments of child support arrearages shall not be deducted. The following adjustments to Domestic Gross Income may be appropriate in individual circumstances: 1. Domestic Gross Income (Line C.1)

This amount is transferred from either Line A.1 or Line B.3 above or both, if applicable.

2. Court-Ordered Child Support Paid (Line C.2)

Child support obligations in other cases shall be deducted to the extent that these support obligations are actually paid. These amounts are entered on Line C.2. The payment of child support arrearages shall not be deducted.

3. Court-Ordered Maintenance Paid (Line C.3)

The amount of court-ordered maintenance paid pursuant to a court order in this or a prior divorce case shall be deducted to the extent that the maintenance is actually paid. This amount is entered on Line C.3. The payments of court-ordered maintenance arrearages shall not be deducted.

4. Court-Ordered Maintenance Received (Line C.4)

The amount of any court-ordered maintenance received by a party pursuant to a court order in this or a prior divorce case shall be added as income to the extent that the maintenance is actually received and is not for arrearages. This amount is entered on Line C.4.

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5. Child Support Income (Line C.5)

The result of the adjustments to the Domestic Gross Income is entered on Line C.5 of the worksheet and then transferred to Line D.1. (See Appendix VII, for a completed worksheet and Appendix VIII, Example 1, subsection C.)

D. Computation of Child Support (Section D) 1. Child Support Income (Line D.1)

The Child Support Income amount is transferred from Line C.5. The amounts for the Petitioner and the Respondent are added together for the Combined Child Support Income amount.

2. Proportionate Shares of Combined Income (Line D.2)

To determine each parent’s proportionate share of the Combined Child Support Income, each parent’s Child Support Income is divided by the total of the Combined Child Support Income. These percentages are entered on Line D.2. (See Appendix VII, for a completed worksheet and Appendix VIII, Example 1, subsection D.1.)

3. Gross Child Support Obligation (Line D.3)

The Gross Child Support Obligation is determined using the Child Support Schedules. The Child Support Schedules have three major factors: the number of children in the family, the Combined Child Support Income, and the age of each child. The Child Support Schedule corresponding to the total number of children for whom the parents share responsibility should be found. If the Multiple-Family Application applies, then the Child Support Schedule for the number of children the parent not having primary residency is supporting under the Multiple-Family Application should be used. (If using the Multiple-Family Application will result in a gross child support obligation (Line D.3) below the poverty level shown on the applicable Child Support Schedule, the use of the Multiple-Family Application is discretionary.) The Combined Child Support Income amount should be identified in the left-hand column of the applicable child support schedule. The amount for each child should be identified in the appropriate age column for each child. The amounts for all of the

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children should be added together to arrive at the total Gross Child Support Obligation. The total Gross Child Support Obligation is entered on Line D.3. If there is divided residency as defined in Section III, subsection B.5, two child support schedules must be prepared. (See Child Support Schedules, Appendix II, Appendix VII, and Appendix VIII, subsection D.2.)

4. Health, Dental, Orthodontic, and Optometric Expenses (Line D.4)

a. Health, Dental, Orthodontic and Optometric Premiums

The cost to the parent or parent’s household to provide for health, dental, orthodontic, or optometric insurance coverage for the child is to be added to the Gross Child Support Obligation. If coverage is provided without cost to the parents or parent’s household, then zero should be entered as the amount. If there is a cost, the amount to be used on Line D.4 is the actual cost for the child or children. The court has the discretion to determine whether the proposed insurance cost is reasonable, taking into consideration the income and circumstances of each of the parties and the quality of the insurance proposed, and to make an adjustment as appropriate. The cost of insurance coverage should be entered in the column of the parent or parent’s household which is providing it, and the total is entered on Line D.4. (See Appendix VIII, Example 1, subsection D.3.)

b. Unreimbursed Health Costs

In all residential arrangements, including shared residency, the court shall provide that all necessary medical expenses (including, but not limited to, health, dental, orthodontic, or optometric) not covered by insurance (including deductible) should be assessed to the parties in accordance with the parties’ proportional share on Line D.2 of the worksheet.

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5. Work-Related Child Care Costs (Line D.5)

Actual, reasonable, and necessary child care costs paid to permit employment or job search of a parent should be added to the support obligation. “Paid” means the net amount after deducting any third party reimbursements. The court has the discretion to determine whether proposed or actual child care costs are reasonable, taking into consideration the income and circumstances of each of the parties. The monthly figure is the averaged annual amount, including variations for summer. Projected child care expenses should be reduced by the anticipated tax credit for child care before an amount is entered on the worksheet (Appendix VIII, D.4, Table 1):

a. The annual Adjusted Gross Income, as defined by the IRS,

of the party incurring the child care costs should be used to determine the applicable percentage.

b. The appropriate percentage should be applied to the

monthly child care costs incurred for children under 13 years of age. The tax credit applies to actual child care expenditures up to $250 per month for one child or $500 per month for two or more children receiving child care. Table 1 in Appendix VIII, subsection D.4, lists the maximum allowable monthly child care credit.

c. In addition to the federal credit determined above, a credit

shall be applied based on the Kansas child care credit. This credit shall be applied by multiplying the federal credit calculated in subsection b above in this section by 25% (.25).

d. Both the federal credit (subsection b. above) and the Kansas

credit (subsection c. above) are to be subtracted from the monthly child care costs to determine the basic child care costs entered on Line D.5 of the worksheet.

e. Note that the amounts and percentages used in subsections

b. and c. of this section may change from time to time due to changes in federal and/or Kansas tax law. Current tax law should be reviewed for any potential changes.

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6. Parents’ Total Child Support Obligation (Line D.6)

The Parents’ Total Child Support Obligation is the sum of the Gross Child Support Obligation (Line D.3), the health, dental, orthodontic, and optometric premiums (Line D.4), and the Work-Related Child Care Costs (Line D.5). This amount is entered on Line D.6. (See Appendix VIII, Example 1, subsection D.5.)

7. Parental Child Support Obligation (Line D.7)

The support obligation for each parent is determined by multiplying each parent’s proportionate share shown on Line D.2 by the Parents’ Total Support Obligation (Line D.6). The result is entered on Line D.7. (See Appendix VIII, Example 1, subsection D.6.)

8. Adjustment for Health, Dental, Orthodontic, and Optometric

Premiums and Work-Related Child Care Costs (Line D.8)

If costs of Health, Dental, Orthodontic, and Optometric Premiums and/or Work-Related Child Care Costs are included in the total child support obligation, the parent or the parent’s household actually making the payment is credited. The amount paid is entered in the column of the parent(s) providing the payment on Line D.8. (See Appendix VIII, Example 1, subsection D.7.)

9. Basic Parental Child Support Obligation (Line D.9)

The Basic Parental Child Support Obligation is the Parental Child Support Obligation (Line D.7) minus the Adjustment for Health, Dental, Orthodontic, and Optometric Premiums and Work-Related Child Care Costs (Line D.8) and is entered on Line D.9. The parent having primary residency retains his/her portion of the net obligation. The net obligation of the parent not having primary residency becomes the rebuttable presumption amount of the support order. (See Appendix VIII, Example 1, subsection D.8.)

E. Child Support Adjustments (Section E)

Child support adjustments apply only when requested by a party. If no adjustment is requested, this section does not need to be completed. All requested adjustments are discretionary with the court. The party requesting the adjustment is responsible for proving the basis for the adjustment. The court shall determine if a requested adjustment should be granted in a particular case based upon the best interests of the child.

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If granted, the court has discretion to determine the amount to be allowed as either an addition or a subtraction. The amount granted for each requested Child Support Adjustment should be entered on the appropriate line in Section E. All adjustments shall be totaled on Line E.7. 1. Long-Distance Parenting Time Costs (Line E.1)

Any substantial and reasonable long-distance transportation/communication costs directly associated with parenting time shall be considered by the court. The amount allowed, if any, should be entered on Line E.1.

2. Parenting Time Adjustment (Line E.2)

The court may allow a parenting time adjustment to a parent under the following subsections. The court may allow a parenting time adjustment in favor of the parent not having primary residency using either subsection IV.E.2.a or subsection IV.E.2.b but not both. The court may allow an Equal Parenting Time Adjustment, when the court has determined that equal parenting time is in the best interest of the minor child, pursuant to subsection IV.E.2.c. The court may allow an Extended Parenting Time Adjustment pursuant to IV.E.2.d. The court may allow a Non-Exercise of Parenting Time adjustment to the parent having primary residency pursuant to IV.E.2.e.

The parenting time adjustment, like all other adjustments, is

subject to the 10% rule pursuant to Section V.A. Because the adjustment is prospective and assumes that parenting time will occur, the court may consider the historical exercise or historical non-exercise of parenting time as a factor in denying, limiting, or granting an adjustment under this section. Adjustments under this section may be prorated over twelve months unless the parent having primary residency requests otherwise. If the Shared Expense Formula (Section III, General Instructions, subsection B.7) applies, no parenting time adjustment may be made under this section.

a. Actual Cost Adjustment: The court may consider: 1) the

fixed obligations of the parent having primary residency that are attributable to the child and any savings because of the time spent with the non-primary residency parent; and 2) the increased cost of additional parenting time to the parent having non-primary residency. The amount allowed should be entered on line E.2 of the child support worksheet.

17 Admin. Order #216, Rev. 11/16/09

b. Time Formula Adjustment: The court may consider the

amount of time that the parent spends with the child. If the child spends 35% or more of the child’s time with the parent not having primary residency, the court shall determine whether an adjustment in child support is appropriate. In calculating the parenting time adjustment, the child’s time at school or in day care shall not be considered. To assist the court, the following table may be used to calculate the amount of parenting time adjustment. The adjustment percentage should be averaged if there is more than one child and if the percentages are not the same for each child. The Basic Child Support Obligation (line D.9) is then multiplied by the appropriate Parenting Time Adjustment Percentage using the following table. The Parenting Time Adjustment Percentage and the amount is entered on Line E.2.

Nonresidential Parent’s Parenting Time % of Child’s Time Adjustment 35%-39% -5% 40%-44% -10% 45%-49% -15%

c. Equal Parenting Time Adjustment: In situations where the

court has not approved the use of the shared expense formula (III.B.7) but has determined that equal parenting time is in the best interest of the minor child, the parent who is designated by the court to pay the child(ren)’s direct expenses shall receive child support from the other parent. The parent paying the monthly support shall receive a 20% parenting time adjustment. The percentage adjustment should be applied to Line D.9 and then entered on line E.2. This adjustment is given in recognition that the parent has the child or children in their care approximately half of the time during which they are assuming substantial additional costs and the other parent is relieved of a substantial amount of additional costs.

d. Extended Parenting Time Adjustment: In situations where a

child spends fourteen (14) or more consecutive days with the parent not having primary residency, the support amount of the parent not having primary residency from Line F.5 (calculated without a Parenting Time adjustment) may be

18 Admin. Order #216, Rev. 11/16/09

proportionately reduced by up to 50% of the monthly support from Line F.5. Brief parenting time with the parent having primary residency shall not be deemed to interrupt the consecutive nature of the time. The amount allowed should be entered on Line E.2.

e. Non-Exercise of Parenting Time Adjustment: The court may

make an adjustment based on the historical non-exercise of parenting time as set forth in the parenting plan. The amount allowed should be entered on line E.2 of the child support worksheet.

3. Income Tax Considerations (Line E.3)

The parties are encouraged to maximize the tax benefits of the dependency exemption for a minor child and to share those actual economic benefits. If they agree to share these benefits, Section A of Appendix V shall not be used. However, Section B may still apply. If the parties do not agree to share the actual economic benefits of the dependency exemption for a minor child or, if after agreeing the parent having primary residency refuses to execute IRS Form 8332, the court shall consider the actual economic effect to both parties and may adjust the child support. The party seeking the Income Tax Consideration Adjustment shall have the burden of proof. The court also may consider any other income tax impacts, regardless of an agreement upon the dependency exemption issue. See Appendix V for additional discussion and example computations.

4. Special Needs (Line E.4)

Special needs of the child are items which exceed the usual and ordinary expenses incurred, such as ongoing treatment for health problems, orthodontist care, special education, or therapy costs, which are not considered elsewhere in the support order or in computations on the worksheet. The amount allowed should be entered on Line E.4.

19 Admin. Order #216, Rev. 11/16/09

5. Support of Children Beyond the Age of Majority (Line E.5)

If the parties have a written agreement for a parent to continue to support a child beyond the age of majority, it may be considered in setting child support. The fact that a parent is currently supporting a child of the parties in college (or past the age of majority) may be considered if the parent having primary residency seeks to increase the child support for the benefit of any children still under the age of eighteen. The amount allowed should be entered on Line E.5.

6. Overall Financial Conditions of the Parties (Line E.6)

The financial situation of the parties may be reason to deviate from the calculated Basic Parental Child Support Obligation if the deviation is in the best interests of the child. The amount allowed should be entered on Line E.6. One example might be if either party has more than one job, the circumstances requiring the additional employment should be considered. If the additional employment was historically relied upon by the parties prior to the dissolution of the relationship, then all of the income should be included in the calculation of the child support obligation. However, if the additional employment was secured after the dissolution of the relationship in an effort to meet additional financial responsibilities, consideration should be given to that circumstance, provided that the court shall keep in mind the best interest of the child. In such a situation, two worksheets can be prepared with one worksheet including all income and the other worksheet including only the primary employment to determine the margin of deviation.

7. Total (Line E.7)

The Total of all Child Support Adjustments allowed should be entered on Line E.7. The Total(s) specified on this line should be transferred to Line F.2. (See Appendix VIII, Example 1, subsection E.)

F. Deviation(s) From Rebuttable Presumption Amount (Section F)

The final part of the worksheet shows the adjustments allowed under Section E to the Basic Parental Child Support Obligation, and any

20 Admin. Order #216, Rev. 11/16/09

enforcement fee charged against payments in IV-D cases and cases assigned to a court trustee for enforcement. 1. Basic Parental Child Support Obligation (Line F.1) The amount from Line D.9 above is transferred to Line F.1. 2. Total Child Support Adjustments (Line F.2) The amount from Line E.7 above is transferred to Line F.2. 3. Adjusted Subtotal (Line F.3)

The result of adding or subtracting the Total Child Support Adjustments on Line F.2 to or from the Basic Parental Child Support Obligation is entered on Line F.3.

4. Enforcement Fee Allowance (Line F.4)

In instances where the court trustee or SRS is providing assistance in collecting child support for which a fee is charged, the fee should be divided equally between the parties. One half of the total monthly fee should be entered as an additional amount allowed on Line F.4 for the parent not having primary residency. In areas where the court trustee or SRS charge a percentage of each payment, this amount is determined by multiplying the Percentage fee charged by the court trustee or SRS by the figure on Line F.3 and then multiplying by .5 ((Line F.3 x Collection fee %) x .5). In areas where a flat fee is charged, that flat fee is multiplied by .5 to find the amount applied on Line F.4 (Monthly Flat Fee x .5). These fees may vary. (See Appendix VIII, Example 1, subsection F.1.)

5. Net Parental Child Support Obligation (Line F.5)

The Net Parental Child Support Obligation is determined by adding the Enforcement Fee Allowance (Line F.4), if any, to the Adjusted Subtotal on Line F.3. The resulting amount is entered on Line F.5 and becomes the amount of the child support order.

G. Payment of Child Support

1. Except for good cause shown, every order requiring payment of child support shall require that the support be paid through the state distribution unit for collection and disbursement of support

21 Admin. Order #216, Rev. 11/16/09

payments designated pursuant to K.S.A. 23-4,118 and amendments thereto.

2. A written agreement between the parties to make direct child

support payments to the obligee and not pay through the state distribution unit shall constitute good cause, unless the court finds the agreement is not in the best interests of the child or children.

3. The obligor shall file such an agreement with the court and shall

maintain written evidence of the payment of the support obligation, which shall consist of cancelled checks negotiated by the obligee or receipts signed by the obligee or evidence of direct electronic deposit in an account designated by the obligee. The obligor shall, at least annually on the date the first payment under the agreement was to be made, provide such evidence to the court and the obligee.

4. Each court order authorizing direct payment to the obligee shall

include language requiring the obligor to comply with the above requirements for maintaining written evidence and providing it to the court and the obligee.

5. Failure of the obligor to maintain records or failure to make

payments are grounds for immediate modification of the order to require payments to be made through the state distribution unit for collection and disbursement of support payments to K.S.A. 23-4,118 and amendments thereto.

V. CHANGE OF CIRCUMSTANCES

Courts have continuing jurisdiction to modify child support orders to advance the welfare of the child when there is a material change of circumstances. In addition to changes of circumstances which have traditionally been considered by courts, any of the following constitute a material change of circumstances to warrant judicial review of existing support orders: A. Change of financial circumstances of the parents or the guidelines which

would increase or decrease by 10% the amount shown on Line F.3 of the worksheet, except that the income from a second job taken by the parent not having primary residency shall not alone be considered a material change of circumstances to warrant a modification of the parent’s child support obligation. Income from bonuses not shown to be regularly paid by the employer shall not be considered a material change of circumstances to warrant a modification of the parent’s child support obligation.

22 Admin. Order #216, Rev. 11/16/09

An increase in the gross income of the parent having primary residency is not a material change of circumstances for the purpose of increasing the child support obligation.

A parent shall notify the other parent of any change of financial circumstances including, but not necessarily limited to, income, work-related child care costs, and health insurance premiums which, if changed, could constitute a material change of circumstances. Upon receipt of written request for financial information, a parent shall have thirty days within which to provide the requested information in writing to the other parent. Refusal to provide the requested information may make the non-complying parent responsible for the costs and expenses, including attorney fees, incurred in obtaining the requested information.

B. The child is in a higher age group as a result of having passed the child’s

6th or 12th birthday or because the children’s age places them in the higher age group as a result in the change in the guidelines.

C. Emancipation of the child.

D. Failure to comply with the terms of a positive or negative adjustment to the Basic Parental Child Support Obligation awarded by the court, such as failure to exercise parenting time or non-utilization of a special needs allocation for private schooling.

VI. REVIEW OF GUIDELINES

Chapter 45, Code of Federal Regulations, Section 302.56 requires that the state guidelines for child support must be “reviewed at least every four years to ensure that their application results in the determination of appropriate child support amounts.” Therefore, these Kansas guidelines shall be reviewed by the Child Support Guidelines Advisory Committee no later than July 1, 2011, and at least once every four years thereafter.

23 Admin. Order #216, Rev. 11/16/09

ENDNOTES 1 The original child support guidelines, promulgated pursuant to K.S.A. 20-165 by the Supreme Court on

October 1, 1987, were proposed by the Kansas Commission on Child Support following a two-year study. See Kansas Commission on Child Support, “Proposed Kansas Child Support Guidelines,” 1987 (available in Kansas Supreme Court Law Library, Topeka, Kansas). The report includes a detailed background discussion, including the policy criteria upon which the original guidelines were based.

The Child Support Guidelines Advisory Committee was initially appointed by the Supreme Court on April 7, 1989, to review the implementation of the statewide child support guidelines, solicit public input regarding the guidelines, and make recommendations to address the new federal mandates of the Family Support Act of 1988. The committee has been convened periodically to conduct a comprehensive review of the guidelines and to update the economic data. The current Advisory Committee’s members are:

Date First Appointed Hon. Thomas E. Foster, Olathe Appointed Chair, 7/1/09 05/24/01 District Court Judge, 10th Judicial District John T. Bird, Hays 04/07/89 Attorney Roy F. Brungardt, Hays 07/06/93 Certified Public Accountant Professor Linda Elrod, Topeka 04/07/89 Washburn University School of Law Charles F. Harris, Wichita 04/07/89 Attorney Dave Gregory, Wichita 05/24/01 Parent Sherri Loveland, Lawrence 04/07/89 Attorney Thomas C. Owens, Overland Park 04/07/89 Attorney Larry Rute, Topeka 04/07/89 Associates in Dispute Resolution Gary Pomeroy, Lawrence 07/01/05 Attorney, Child Support Enforcement Rep. Lana Gordon, Topeka 12/27/06 State Representative, 52nd District

Sen. Tom Holland 07/01/09 State Senator, Hon. Connie Alvey 07/01/09 District Court Judge, 29th Judicial District Hon. Amy Harth 07/01/09 District Court Judge, 6th Judicial District

24 Admin. Order #216, Rev. 11/16/09

Past members of the Advisory Committee were:

Hon. Herbert W. Walton (Chairman), Olathe 04/07/89-06/07/99 Administrative Judge, Retired, 10th Judicial District Allen B. Angst, Abilene 07/06/93-06/30/00 Attorney, Shared Primary Residency Parent William Coffee, Olathe 07/01/97-06/30/01 District Court Trustee Jamie Corkhill, Topeka 09/01/96-06/30/00 Child Support Enforcement Jackie Fletcher, Kansas City 07/06/93-06/30/00 United Way James L. Francisco, Wichita 04/07/89-06/30/92 State Senator, 26th District

Sen. Greta H. Goodwin, Winfield 05/24/01-06/30/09 State Senator, 32nd District

Hon. Thomas H. Graber, Wellington 04/07/89-06/30/09 District Court Judge, 30th Judicial District

Sheila Hochhauser, Manhattan 07/01/96-06/30/00 State Representative, 67th District Dr. Woody Houseman, Topeka 04/07/89-06/30/96 Principal, Highland Park South Elementary James R. Johnston, Wichita 02/04/98-06/30/00 Nonprimary Residency Parent David Kerr, Hutchinson 04/07/92-06/30/96 State Senator, 34th District Candace Lattin, Pratt 05/24/01-10/01/05 Attorney, Child Support Enforcement Ward Loyd, Garden City 05/24/01-07/01/07 State Representative, 123rd District Nancy K. Meacham, Wichita 06/30/92-06/30/02 Attorney, Primary Residency Parent Hon. Paul E. Miller, Manhattan 04/07/89-06/30/98 District Judge, 21st Judicial District Mike O’Neal, Hutchinson 07/19/95-06/30/99 State Representative, 104th District Mark Parkinson, Olathe 07/09/95-06/30/00 State Senator, 23rd District Hon. Nancy Parrish (Chair) 07/01/97-06/30/09 District Court Judge, Topeka

25 Admin. Order #216, Rev. 11/16/09

Richard Staub, Topeka 04/07/89-06/30/96 Santa Fe General Offices Joan Wagnon, Topeka 04/07/89-06/30/01 State Representative, 55th District

Members of the original Kansas Commission on Child Support, appointed in December 1984 by then-Governor John Carlin: Ms. Lynn Barclay Kansas Children’s Service League Hon. James G. Beasley District Court Judge, Wichita Ms. Peggy Browning Commission on Equal Status of Women, Wichita Hon. James P. Buchele District Court Judge, Topeka Professor Linda Elrod, Vice-Chairman Washburn Law School Robert G. Frey State Senator, 125th District Dr. Woody Houseman Topeka Hon. Tracy D. Klinginsmith District Court Judge, Holton Ms. Evelyn Leat Kansas City Mr. David Litwin Director of Taxation Kansas Chamber of Commerce & Industry Ms. Nancy Meacham Wichita Vic Miller Topeka Ms. Diane Nusbaum District Court Administrator, Junction City Mr. Larry Rute Kansas Legal Services, Inc. Mr. John Schneider Social & Rehabilitation Services Income Maintenance & Medical Services Dr. Howard Schwartz Judicial Administrator

26 Admin. Order #216, Rev. 11/16/09

Mr. Richard Staub Santa Fe Railway Company Robert T. Stephan Attorney General Joan Wagnon State Representative, 55th District Hon. Herbert W. Walton, Chairman District Court Judge, Olathe Ms. Aileen Whitfill Policy & Program Development Social & Rehabilitation Services 2 See Linda Henry Elrod, Kansas Child Support Guidelines: An Elusive Search for Fairness in Support

Orders, 27 WASHBURN. L. J. 104, 120-25 (1987). Expenditures per child are assumed to increase with increases in parents’ combined income, decrease per child as the total number of children in the family increases, and increase as the child grows older.

3 William T. Terrell, Ph.D., is a consultant in private practice. Prior to his retirement, he served as an

Associate Professor of Economics at Wichita State University, Wichita, Kansas. For an explanation of Dr. Terrell’s economic model, see W.T. Terrell, “Expenditures on Children for Child Support: Economist as Policy Advisor” (paper presented to the Eastern Economic Association at Baltimore, Maryland, March 1989) (available in Kansas Supreme Court Law Library, Topeka, Kansas). See also Kansas Commission on Child Support; supra note 1, at 13-15.

4 At the time of the review, Ann Coulson, Ph.D., held a position as an Assistant Professor in the

Department of Human Development and Family Studies, Kansas State University, Manhattan, Kansas. The following sources were used to update the model: Bureau of Labor Statistics, Consumer Expenditure Survey Series: Interview Survey, 1986-87 (1989); U.S. Bureau of the Census, Current Population Reports, Household After-Tax Income: 1986, ser. P-23, No. 157 (1989); U.S. Department of Agriculture, Agricultural Research Service, Updated Estimates of the Cost of Raising a Child, Family Economics Review, No. 2 (May 1989). See Letter from Dr. Ann Coulson to Hon. Herbert Walton, February 21, 1990, at 1, 3 (available in Kansas Supreme Court Law Library, Topeka, Kansas).

Adjustments were made to the national expenditure data to avoid double-counting certain

expenditures, such as health care, health insurance, and child care services. Because social security was considered [as] a tax in the initial stage of the development of the schedule, the category of social security and pension plan contributions was also excluded so that the expenditure would not be counted twice. Additionally, the Committee excluded a number of expenditures considered to be discretionary or not attributable to children. Expenditures thus excluded were for alcoholic beverages, tobacco, vacation homes, boarding costs for children away at school, and cash contributions.

5 See Child Support Guidelines Committee Report dated November 1993. Ann Coulson, Ph.D. prepared

a description of the derivation of the 1993 child support schedules. 6 The 2002 support schedule relies upon three data sources: Bureau of Labor Statistics, Consumer

Expenditure Survey, 1999-2000 (integrated diary and interview components); United States Department of Agriculture, Mark Lino, Ph.D., Expenditures on Children by Families: 2001 Annual Report; United States Department of Health and Human Services, The 2002 HHS Poverty Guidelines, 67 (31) FED. REGISTER, (Feb. 14, 2002).

7 Jodi Messer Pelkowski, Ph.D, is an Associate Professor of Economics and a Barton Fellow at the

Barton School of Business, Wichita State University, Wichita, Kansas.

27 Admin. Order #216, Rev. 11/16/09

8 See Terrell, supra note 3, at 7; Letter from Dr. Ann Coulson to Hon. Herbert Walton, February 21,

1990, supra note 4, at 2. 9 Consumption spending means household outlays for consumer goods and services as opposed to the

purchase of assets or savings accounts. 10 This reduction involves subtracting the age 16-18 child’s share of a total family burden at two points on

the equation that relates average spending per the age 16-18 child to gross family income. Once the two lower points are determined, then the entire equation is reduced in order to compute the support schedules. For example, the one child aged 16-18 family calls for a reduction of $182 at the poverty level income of $1,300. Hence, the poverty level average spending of $430 becomes the schedule entry of $248. Similarly, at an income of $14,500 per month, average spending of $2,322 per child declines by $336 to the support amount of $1,986 (not shown in the schedule). The tabled values derive from an equation that passes through these two diminished values.

11 The terms “custodial” and “noncustodial” have been removed from the guidelines and replaced with the

terms “having primary residency” and “not having primary residency.” This brings the Kansas Child Support Guidelines into conformity with K.S.A. 60-1610 et seq.

28 Admin. Order #216, Rev. 11/16/09

APPENDIX I

Child Support Worksheet

IN THE JUDICIAL DISTRICT COUNTY, KANSAS

IN THE MATTER OF: and CASE NO. CHILD SUPPORT WORKSHEET OF

(name) MOTHER FATHER A. INCOME COMPUTATION – WAGE EARNER 1. Domestic Gross Income $ $ (Insert on Line C.1. below)* B. INCOME COMPUTATION – SELF-EMPLOYED 1. Self-Employment Gross Income* 2. Reasonable Business Expenses (-) 3. Domestic Gross Income (Insert on Line C.1. below) C. ADJUSTMENTS TO DOMESTIC GROSS INCOME 1. Domestic Gross Income 2. Court-Ordered Child Support Paid (-) 3. Court-Ordered Maintenance Paid (-) 4. Court-Ordered Maintenance Received (+) 5. Child Support Income (Insert on Line D.1. below) D. COMPUTATION OF CHILD SUPPORT 1. Child Support Income + = 2. Proportionate Shares of Combined Income % % (Each parent’s income divided by combined income) 3. Gross Child Support Obligation** (Using the combined income from Line D.1., find the amount for each child and enter total for all children) Age of Children 0-5 6-11 12-18 Total Number Per Age Category Total Amount + + = * Interstate Pay Differential Adjustment? Yes No **Multiple Family Application? Yes No

29 Admin. Order #216, Rev. 11/16/09

Case No.

MOTHER FATHER 4. Health and Dental Insurance Premium $ + $ = 5. Work-Related Child Care Costs Formula: Amt. – ((Amt. X %) + (.25 x (Amt. x %))) for each child care credit = Example: 200 – ((200 x .30%) + (.25 x (200 x .30%)))

6. Parents’ Total Child Support Obligation (Line D.3. plus Lines D.4. & D.5.)

7. Parental Child Support Obligation (Line D.2. times Line D.6. for each parent) 8. Adjustment for Insurance and Child Care (-) (Subtract for actual payment made for items D.4. and D.5.) 9. Basic Parental Child Support Obligation (Line D.7. minus Line D.8.; Insert on Line F.1. below) E. CHILD SUPPORT ADJUSTMENTS AMOUNT ALLOWED APPLICABLE N/A CATEGORY MOTHER FATHER 1. Long Distance Parenting Time Costs (+/-) (+/-) 2. Parenting Time Adjustment (if b. %___) (+/-) (+/-) 3. Income Tax Considerations (+/-) (+/-) 4. Special Needs (+/-) (+/-) 5. Agreement Past Majority (+/-) (+/-) 6. Overall Financial Condition (+/-) (+/-) 7. TOTAL (Insert on Line F.2. below) F. DEVIATION(S) FROM REBUTTABLE PRESUMPTION AMOUNT AMOUNT ALLOWED MOTHER FATHER 1. Basic Parental Child Support Obligation (Line D.9. from above) 2. Total Child Support Adjustments (+/-) (Line E.7. from above) 3. Adjusted Subtotal (Line F.1. +/- Line F.2.) 4. Enforcement Fee Allowance** Percentage % (Applied only to Nonresidential Parent) Flat Fee $ ((Line F.3. x Collection Fee %) x .5) or (Monthly Flat Fee x .5) (+) (+) 5. Net Parental Child Support Obligation (Line F.3. + Line F.4.) **Parent with nonprimary residency Judge/Hearing Officer Signature Date Signed Prepared By Date Approved

30 Admin. Order #216, Rev. 11/16/09

APPENDIX II Child Support Schedules ONE CHILD FAMILIES: CHILD SUPPORT SCHEDULE Dollars Per Month Per Child Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child)Gross Age Group Gross Age Group Gross Age Group Monthly Age Age Age Monthly Age Age Age Monthly Age Age Age Income 0-5 6-11 12-18 Income 0-5 6-11 12-18 Income 0-5 6-11 12-18

50 8 9 10 2400 342 387 450 6700 803 908 1056 100 16 18 21 2500 354 401 466 6800 813 920 1069150 23 27 31 2600 366 414 481 6900 823 931 1082200 31 35 41 2700 377 427 497 7000 832 942 1095250 39 44 51 2800 389 440 512 7200 852 964 1121300 47 53 62 2900 401 453 527 7400 872 986 1147350 55 62 72 3000 412 466 542 7600 891 1008 1173400 63 71 82 3100 423 479 557 7800 911 1030 1198450 70 80 93 3200 435 492 572 8000 930 1052 1224500 78 88 103 3300 446 505 587 8200 949 1074 1249550 86 97 113 3400 457 517 601 8400 968 1096 1274600 94 106 123 3500 468 530 616 8600 988 1117 1299650 102 115 134 3600 479 542 631 8800 1007 1139 1324700 109 124 144 3700 490 555 645 9000 1025 1160 1349750 117 133 154 3800 501 567 660 9200 1044 1182 1374800 125 142 165 3900 512 580 674 9400 1063 1203 1399850 133 150 175 4000 523 592 688 9600 1082 1224 1424900 141 159 185 4100 534 604 703 9800 1101 1245 1448950 149 168 195 4200 545 616 717 10000 1119 1266 1473

1000 156 177 206 4300 555 629 731 10200 1138 1287 14971050 164 186 216 4400 566 641 745 10400 1156 1308 15211100 172 195 226 4500 577 653 759 10600 1175 1329 15461150 180 203 237 4600 587 665 773 10800 1193 1350 15701200 188 212 247 4700 598 677 787 11000 1211 1371 15941250 195 221 257 4800 609 689 801 11200 1230 1391 16181300 203 230 267 4900 619 701 815 11400 1248 1412 16421350 210 238 276 5000 630 712 828 11600 1266 1433 16661400 217 245 285 5100 640 724 842 11800 1284 1453 16901450 223 253 294 5200 650 736 856 12000 1302 1473 17131500 230 260 303 5300 661 748 869 12200 1320 1494 17371550 237 268 311 5400 671 759 883 12400 1338 1514 17611600 243 275 320 5500 681 771 897 12600 1356 1534 17841650 250 282 328 5600 692 783 910 12800 1374 1554 18081700 256 290 337 5700 702 794 924 13000 1392 1575 18311750 263 297 346 5800 712 806 937 13200 1409 1595 18541800 269 304 354 5900 722 817 950 13400 1427 1615 18781850 276 312 363 6000 732 829 964 13600 1445 1635 19011900 282 319 371 6100 743 840 977 13800 1462 1655 19241950 288 326 379 6200 753 852 990 14000 1480 1675 19472000 294 333 387 6300 763 863 1004 14200 1497 1694 19702100 306 347 403 6400 773 874 1017 14400 1515 1714 19932200 318 360 419 6500 783 886 1030 14600 1531 1732 20142300 330 374 435 6600 793 897 1043

* 2006 Poverty Level is $1400. To determine child support at higher income levels: Age 12-18: Raise income to the power .695770313 and multiply the result by 2.550826591. Age 6-11: Determine child support for Age 12-18 and then multiply by 0.86. Age 0-5: Determine child support for Age 12-18 and then multiply by 0.76.

31 Admin. Order #216, Rev. 11/16/09

TWO CHILD FAMILIES: CHILD SUPPORT SCHEDULE Dollars Per Month Per Child Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Gross Age Group Gross Age Group Gross Age Group Monthly Age Age Age Monthly Age Age Age Monthly Age Age Age Income 0-5 6-11 12-18 Income 0-5 6-11 12-18 Income 0-5 6-11 12-18

50 6 6 8 2400 257 291 338 6700 593 671 780 100 11 13 15 2500 265 300 349 6800 600 679 789 150 17 19 23 2600 274 310 361 6900 607 687 799 200 23 26 30 2700 283 320 372 7000 614 695 808 250 29 32 38 2800 291 329 383 7200 628 711 827 300 34 39 45 2900 300 339 394 7400 643 727 845 350 40 45 53 3000 308 349 405 7600 657 743 864 400 46 52 60 3100 316 358 416 7800 671 759 882 450 51 58 68 3200 325 367 427 8000 685 775 901 500 57 65 75 3300 333 377 438 8200 699 790 919 550 63 71 83 3400 341 386 449 8400 712 806 937 600 68 77 90 3500 349 395 459 8600 726 822 955 650 74 84 98 3600 357 404 470 8800 740 837 974 700 80 90 105 3700 365 413 481 9000 754 853 992 750 86 97 113 3800 373 422 491 9200 767 868 1009 800 91 103 120 3900 381 432 502 9400 781 883 1027 850 97 110 128 4000 389 441 512 9600 794 899 1045 900 103 116 135 4100 397 449 523 9800 808 914 1063 950 108 123 143 4200 405 458 533 10000 821 929 1080

1000 114 129 150 4300 413 467 543 10200 834 944 1098 1050 120 136 158 4400 421 476 554 10400 848 959 1115 1100 125 142 165 4500 428 485 564 10600 861 974 1133 1150 131 148 173 4600 436 494 574 10800 874 989 1150 1200 137 155 180 4700 444 502 584 11000 887 1004 1168 1250 143 161 188 4800 452 511 594 11200 900 1019 1185 1300 148 168 195 4900 459 520 604 11400 914 1034 1202 1350 154 174 203 5000 467 528 614 11600 927 1048 1219 1400 160 181 210 5100 474 537 624 11800 940 1063 1236 1450 165 187 218 5200 482 545 634 12000 953 1078 1253 1500 171 194 225 5300 490 554 644 12200 965 1092 1270 1550 177 200 233 5400 497 562 654 12400 978 1107 1287 1600 183 207 240 5500 505 571 664 12600 991 1122 1304 1650 188 213 248 5600 512 579 674 12800 1004 1136 1321 1700 194 219 255 5700 519 588 684 13000 1017 1150 1338 1750 199 225 261 5800 527 596 693 13200 1029 1165 1354 1800 203 230 267 5900 534 605 703 13400 1042 1179 1371 1850 208 235 273 6000 542 613 713 13600 1055 1194 1388 1900 212 240 279 6100 549 621 722 13800 1067 1208 1404 1950 217 245 285 6200 556 629 732 14000 1080 1222 1421 2000 221 250 291 6300 564 638 742 14200 1092 1236 1437 2100 230 261 303 6400 571 646 751 14400 1105 1250 1454 2200 239 271 315 6500 578 654 761 14600 1117 1263 1469 2300 248 281 326 6600 585 662 770


32 Admin. Order #216, Rev. 11/16/09

THREE CHILD FAMILIES: CHILD SUPPORT SCHEDULE Dollars Per Month Per Child Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child)Gross Age Group Gross Age Group Gross Age Group Monthly Age Age Age Monthly Age Age Age Monthly Age Age Age Income 0-5 6-11 12-18 Income 0-5 6-11 12-18 Income 0-5 6-11 12-18

50 5 6 7 2400 230 261 303 6700 531 601 699 100 10 11 13 2500 238 269 313 6800 538 608 707 150 15 17 20 2600 246 278 323 6900 544 616 716 200 20 23 26 2700 253 287 333 7000 550 623 724 250 25 28 33 2800 261 295 343 7200 563 637 741 300 30 34 39 2900 269 304 353 7400 576 652 758 350 35 39 46 3000 276 312 363 7600 588 666 774 400 40 45 52 3100 284 321 373 7800 601 680 791 450 45 51 59 3200 291 329 383 8000 614 694 807 500 50 56 66 3300 298 338 393 8200 626 708 824 550 55 62 72 3400 306 346 402 8400 638 722 840 600 60 68 79 3500 313 354 412 8600 651 736 856 650 65 73 85 3600 320 362 421 8800 663 750 872 700 70 79 92 3700 328 371 431 9000 675 764 889 750 75 85 98 3800 335 379 440 9200 688 778 905 800 80 90 105 3900 342 387 450 9400 700 792 921 850 85 96 112 4000 349 395 459 9600 712 805 937 900 90 102 118 4100 356 403 469 9800 724 819 952 950 95 107 125 4200 363 411 478 10000 736 833 968

1000 100 113 131 4300 370 419 487 10200 748 846 984 1050 105 118 138 4400 377 427 496 10400 760 860 1000 1100 110 124 144 4500 384 435 505 10600 772 873 1015 1150 115 130 151 4600 391 442 515 10800 783 886 1031 1200 120 135 157 4700 398 450 524 11000 795 900 1046 1250 125 141 164 4800 405 458 533 11200 807 913 1062 1300 130 147 171 4900 412 466 542 11400 819 926 1077 1350 135 152 177 5000 419 474 551 11600 830 940 1093 1400 140 158 184 5100 425 481 560 11800 842 953 1108 1450 145 164 190 5200 432 489 569 12000 854 966 1123 1500 150 169 197 5300 439 497 577 12200 865 979 1138 1550 155 175 203 5400 446 504 586 12400 877 992 1153 1600 160 181 210 5500 452 512 595 12600 888 1005 1169 1650 165 186 216 5600 459 519 604 12800 900 1018 1184 1700 170 192 223 5700 466 527 613 13000 911 1031 1199 1750 174 197 230 5800 472 534 621 13200 922 1044 1214 1800 179 203 236 5900 479 542 630 13400 934 1057 1229 1850 184 209 243 6000 485 549 639 13600 945 1069 1244 1900 189 214 249 6100 492 557 647 13800 956 1082 1258 1950 194 220 256 6200 499 564 656 14000 968 1095 1273 2000 198 225 261 6300 505 572 665 14200 979 1108 1288 2100 207 234 272 6400 512 579 673 14400 990 1120 1303 2200 215 243 282 6500 518 586 682 14600 1001 1132 1316 2300 222 252 293 6600 525 594 690


33 Admin. Order #216, Rev. 11/16/09

FOUR CHILD FAMILIES: CHILD SUPPORT SCHEDULE Dollars Per Month Per Child Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child)Gross Age Group Gross Age Group Gross Age Group Monthly Age Age Age Monthly Age Age Age Monthly Age Age Age Income 0-5 6-11 12-18 Income 0-5 6-11 12-18 Income 0-5 6-11 12-18

50 4 5 5 2400 198 224 260 6700 456 516 600 100 8 9 11 2500 204 231 269 6800 461 522 607 150 13 14 16 2600 211 239 278 6900 467 528 614 200 17 19 22 2700 218 246 286 7000 472 535 622 250 21 24 27 2800 224 254 295 7200 483 547 636 300 25 28 33 2900 231 261 303 7400 494 559 650 350 29 33 38 3000 237 268 312 7600 505 572 665 400 33 38 44 3100 243 275 320 7800 516 584 679 450 38 42 49 3200 250 283 329 8000 527 596 693 500 42 47 55 3300 256 290 337 8200 537 608 707 550 46 52 60 3400 262 297 345 8400 548 620 721 600 50 57 66 3500 269 304 354 8600 559 632 735 650 54 61 71 3600 275 311 362 8800 569 644 749 700 58 66 77 3700 281 318 370 9000 580 656 763 750 63 71 82 3800 287 325 378 9200 590 668 777 800 67 75 88 3900 293 332 386 9400 601 680 790 850 71 80 93 4000 300 339 394 9600 611 691 804 900 75 85 99 4100 306 346 402 9800 621 703 818 950 79 90 104 4200 312 353 410 10000 632 715 831

1000 83 94 110 4300 318 360 418 10200 642 726 845 1050 88 99 115 4400 324 366 426 10400 652 738 858 1100 92 104 121 4500 330 373 434 10600 662 749 871 1150 96 108 126 4600 336 380 442 10800 672 761 885 1200 100 113 132 4700 342 387 449 11000 683 772 898 1250 104 118 137 4800 347 393 457 11200 693 784 911 1300 108 123 143 4900 353 400 465 11400 703 795 925 1350 113 127 148 5000 359 406 473 11600 713 807 938 1400 117 132 154 5100 365 413 480 11800 723 818 951 1450 121 137 159 5200 371 420 488 12000 733 829 964 1500 125 141 164 5300 377 426 496 12200 743 840 977 1550 129 146 170 5400 382 433 503 12400 752 852 990 1600 133 151 175 5500 388 439 511 12600 762 863 1003 1650 138 156 181 5600 394 446 518 12800 772 874 1016 1700 142 160 186 5700 400 452 526 13000 782 885 1029 1750 146 165 192 5800 405 459 533 13200 792 896 1042 1800 150 170 197 5900 411 465 541 13400 802 907 1055 1850 154 174 203 6000 417 472 548 13600 811 918 1067 1900 158 179 208 6100 422 478 556 13800 821 929 1080 1950 163 184 214 6200 428 484 563 14000 831 940 1093 2000 167 189 219 6300 434 491 571 14200 840 951 1106 2100 175 198 230 6400 439 497 578 14400 850 962 1118 2200 183 207 241 6500 445 503 585 14600 859 972 1130 2300 191 216 251 6600 450 510 593


34 Admin. Order #216, Rev. 11/16/09

FIVE CHILD FAMILIES: CHILD SUPPORT SCHEDULE Dollars Per Month Per Child Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Gross Age Group Gross Age Group Gross Age Group Monthly Age Age Age Monthly Age Age Age Monthly Age Age Age Income 0-5 6-11 12-18 Income 0-5 6-11 12-18 Income 0-5 6-11 12-18

50 4 4 5 2400 174 197 229 6700 405 459 533 100 7 8 10 2500 181 205 238 6800 410 464 540 150 11 12 14 2600 188 212 247 6900 415 470 546 200 14 16 19 2700 193 219 255 7000 420 475 553 250 18 20 24 2800 199 225 262 7200 430 486 566 300 22 25 29 2900 205 232 270 7400 440 497 578 350 25 29 33 3000 211 239 277 7600 449 508 591 400 29 33 38 3100 216 245 285 7800 459 519 604 450 33 37 43 3200 222 251 292 8000 468 530 616 500 36 41 48 3300 228 258 300 8200 478 541 629 550 40 45 52 3400 233 264 307 8400 487 551 641 600 43 49 57 3500 239 270 314 8600 497 562 654 650 47 53 62 3600 245 277 322 8800 506 573 666 700 51 57 67 3700 250 283 329 9000 516 583 678 750 54 61 71 3800 256 289 336 9200 525 594 691 800 58 66 76 3900 261 295 343 9400 534 604 703 850 62 70 81 4000 266 301 351 9600 543 615 715 900 65 74 86 4100 272 308 358 9800 553 625 727 950 69 78 91 4200 277 314 365 10000 562 636 739

1000 72 82 95 4300 283 320 372 10200 571 646 751 1050 76 86 100 4400 288 326 379 10400 580 656 763 1100 80 90 105 4500 293 332 386 10600 589 666 775 1150 83 94 110 4600 299 338 393 10800 598 677 787 1200 87 98 114 4700 304 344 400 11000 607 687 799 1250 91 102 119 4800 309 350 407 11200 616 697 811 1300 94 107 124 4900 314 356 413 11400 625 707 822 1350 98 111 129 5000 319 362 420 11600 634 717 834 1400 101 115 133 5100 325 367 427 11800 643 727 846 1450 105 119 138 5200 330 373 434 12000 652 737 857 1500 109 123 143 5300 335 379 441 12200 660 747 869 1550 112 127 148 5400 340 385 448 12400 669 757 881 1600 116 131 152 5500 345 391 454 12600 678 767 892 1650 119 135 157 5600 350 396 461 12800 687 777 904 1700 123 139 162 5700 355 402 468 13000 695 787 915 1750 127 143 167 5800 360 408 474 13200 704 797 927 1800 130 147 172 5900 366 414 481 13400 713 807 938 1850 134 152 176 6000 371 419 488 13600 721 816 949 1900 138 156 181 6100 376 425 494 13800 730 826 961 1950 141 160 186 6200 381 431 501 14000 739 836 972 2000 145 164 191 6300 386 436 507 14200 747 846 983 2100 152 172 200 6400 391 442 514 14400 756 855 995 2200 159 180 210 6500 396 448 520 14600 764 864 1005 2300 167 188 219 6600 400 453 527


35 Admin. Order #216, Rev. 11/16/09

SIX CHILD FAMILIES: CHILD SUPPORT SCHEDULE Dollars Per Month Per Child Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Combined Support Amount ($ Per Child) Gross Age Group Gross Age Group Gross Age Group Monthly Age Age Age Monthly Age Age Age Monthly Age Age Age Income 0-5 6-11 12-18 Income 0-5 6-11 12-18 Income 0-5 6-11 12-18

50 3 4 4 2400 155 176 204 6700 369 417 485 100 6 7 9 2500 162 183 213 6800 373 422 491 150 10 11 13 2600 168 190 221 6900 378 427 497 200 13 15 17 2700 175 198 230 7000 382 433 503 250 16 18 21 2800 181 205 239 7200 391 443 515 300 19 22 26 2900 187 211 245 7400 400 453 526 350 23 26 30 3000 192 217 252 7600 409 462 538 400 26 29 34 3100 197 223 259 7800 417 472 549 450 29 33 38 3200 202 229 266 8000 426 482 561 500 32 37 43 3300 207 234 273 8200 435 492 572 550 36 40 47 3400 212 240 279 8400 443 502 583 600 39 44 51 3500 217 246 286 8600 452 511 595 650 42 48 55 3600 222 252 293 8800 460 521 606 700 45 51 60 3700 227 257 299 9000 469 531 617 750 49 55 64 3800 232 263 306 9200 477 540 628 800 52 59 68 3900 237 269 312 9400 486 550 639 850 55 62 72 4000 242 274 319 9600 494 559 650 900 58 66 77 4100 247 280 325 9800 503 569 661 950 62 70 81 4200 252 285 332 10000 511 578 672

1000 65 73 85 4300 257 291 338 10200 519 588 683 1050 68 77 89 4400 262 296 345 10400 528 597 694 1100 71 81 94 4500 267 302 351 10600 536 606 705 1150 74 84 98 4600 272 307 357 10800 544 616 716 1200 78 88 102 4700 276 313 364 11000 552 625 727 1250 81 92 106 4800 281 318 370 11200 560 634 737 1300 84 95 111 4900 286 324 376 11400 569 643 748 1350 87 99 115 5000 291 329 382 11600 577 652 759 1400 91 103 119 5100 295 334 389 11800 585 662 769 1450 94 106 124 5200 300 340 395 12000 593 671 780 1500 97 110 128 5300 305 345 401 12200 601 680 791 1550 100 114 132 5400 309 350 407 12400 609 689 801 1600 104 117 136 5500 314 355 413 12600 617 698 812 1650 107 121 141 5600 319 361 419 12800 625 707 822 1700 110 125 145 5700 323 366 425 13000 633 716 832 1750 113 128 149 5800 328 371 432 13200 641 725 843 1800 117 132 153 5900 333 376 438 13400 648 734 853 1850 120 136 158 6000 337 381 444 13600 656 743 864 1900 123 139 162 6100 342 387 450 13800 664 752 874 1950 126 143 166 6200 346 392 456 14000 672 760 884 2000 129 147 170 6300 351 397 462 14200 680 769 894 2100 136 154 179 6400 355 402 468 14400 688 778 905 2200 142 161 187 6500 360 407 473 14600 695 786 914 2300 149 168 196 6600 364 412 479

* 2006 Poverty Level is $2800. To determine child support at higher income levels: Age 12-18: Raise income to the power .695770313 and multiply the result by 1.15773874. Age 6-11: Determine child support for Age 12-18 and then multiply by 0.86. Age 0-5: Determine child suport for Age 12-18 and then multiply by 0.76.

36 Admin. Order #216, Rev. 11/16/09

APPENDIX III Domestic Relations Affidavit


IN THE MATTER OF ) ) ) ) ) and ) Case No. ) ) ) ) DOMESTIC RELATIONS AFFIDAVIT OF (name) 1. Mother’s Residence Mother’s XXX-XX-_ _ _ _ Birth Month/Year Social Security Number Telephone 2. Father’s Residence Father’s XXX-XX-_ _ _ _ Birth Month/Year Social Security Number Telephone 3. Date of Marriage: 4. Number of Marriages: Mother Father 5. Number of children of the relationship: 6. Names, Social Security Numbers, the month and year of each child’s birth and ages of minor

children of the relationship: Name Social Security Number Birth Age Custodian XXX-XX-_ _ _ _ Month /Year

37 Admin. Order #216, Rev. 11/16/09

7. Names, Social Security Numbers, and ages of minor children of previous relationships and facts as to custody and support payments paid or received, if any.

Social Support Paid Name Security No. Age Custodian Payment or Rec’d XXX-XX-_ _ _ _ $ $ $ $ 8. Mother is employed by Father is employed by (Name and address of employer) with monthly income as follows: A. Wage Earner Mother Father 1. Gross Income $ $ 2. Other Income $ $ 3. Subtotal Gross Income $ $ 4. Federal Withholding $ $ (Claiming _____ exemptions) 5. Federal Income Tax $ $ 6. OASDHI $ $ 7. Kansas Withholding $ $ 8. Subtotal Deductions $ $ 9. Net Income $ $ B. Self-Employed Mother Father 1. Gross Income from self-employment $ $ 2. Other Income $ $ 3. Subtotal Gross Income $ $ 4. Reasonable Business Expenses $ $ (Itemize on attached exhibit) 5. Self-Employment Tax $ $ 6. Estimated Tax Payments $ $ (Claim _____ exemptions) 7. Federal Income Tax $ $ 8. Kansas Withholding $ $ 9. Subtotal Deductions $ $ 10. Net Income $ $ (Line B.3. minus Line B.9.) Pay period: Mother Father

38 Admin. Order #216, Rev. 11/16/09

9. The liquid assets of the parties are: Joint or Individual Item Amount (Specify) A. Checking Accounts (Do not list account numbers): $ $ B. Savings Accounts (Do not list account numbers): $ $ C. Cash Mother $ Father $ D. Other $ $ 10. The monthly expenses of each party are: (Please indicate with an asterisk all figures which are

estimates rather than actual figures taken from records.) A. Mother Father Item (Actual or Estimated) (Actual or Estimated) 1. Rent (if applicable)* $ $ 2. Food $ $ 3. Utilities/services: Trash Service $ $ Newspaper $ $ Telephone $ $ Mobile Phone $ $ Cable $ $ Gas $ $ Water $ $ Lights $ $ Other $ $ 4. Insurance: Life $ $ Health $ $ Car $ $ House/Rental $ $ Other $ $ 5. Medical and dental $ $ 6. Prescriptions drugs $ $ 7. Child care (work-related) $ $ 8. Child care (non-work-related) $ $ 9. Clothing $ $ 10. School expenses $ $ 11. Hair cuts and beauty $ $ 12. Car repair $ $ 13. Gas and oil $ $ 14. Personal property tax $ $

39 Admin. Order #216, Rev. 11/16/09

Mother Father Item (Actual or Estimated) (Actual or Estimated)

15. Miscellaneous (Specify) $ $ $ $ $ $ $ $ 16. Debt Payments (Specify) $ $ $ $ $ $ $ $ Total $ $ *Show house payments, mortgage payments, etc., in Section 10.B. B. Monthly payments to banks, loan companies or on credit accounts: (Indicate actual or

estimated monetary amount in each column, use asterisk for secured.) DO NOT LIST ANY PAYMENTS INCLUDED IN PART 10.A ABOVE.

When Amount of Date of Responsibility Creditor Incurred Payment Last Payment Balance Mother Father $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Subtotal of Payments $ $ Total $ $ C. Total Living Expenses Mother Father (Actual or Estimated) (Actual or Estimated) 1. Total funds available to $ $ Mother and Father (from No. 8) 2. Total needed $ $ (from No. 10.A and B) 3. Net Balance $ $ 4. Projected child support $ $

40 Admin. Order #216, Rev. 11/16/09

D. Payments or contributions received, or paid, for support of others. Specify source and amount.

Source Mother Father (+/-) $ $ (+/-) $ $ (+/-) $ $ (+/-) $ $

11. How much does the party who provides health care pay for family coverage? $ per . How much does it cost the provider to furnish health insurance only on the provider? $ per . FURNISH THE FOLLOWING INFORMATION IF APPLICABLE. 12. Income and financial resources of children. Income/Resources Amount $ $ $ $ 13. Child support adjustments requested.

Mother Father Long Distance Parenting Time Costs $ $ $ $ Parenting Time Adjustments $ $ Income Tax Considerations $ $ Special Needs $ $ Support Beyond Age of Majority $ $ Overall Financial Condition $ $ 14. All other personal property including retirement benefits (including but not limited to qualified plans such as profit-sharing, pension, IRA, 401(k), or other savings-type employee benefits, nonqualified plans, and deferred income plans), and ownership thereof (joint or individual), including policies of insurance, identified as to nature or description, ownership (joint or individual), and actual or estimated value.

Joint or Individual Amount (Specify) $ $ $ $

41 Admin. Order #216, Rev. 11/16/09

THE FOLLOWING NEED NOT BE FURNISHED IN POST JUDGMENT PROCEDURES. 15. List real property identified as to description, ownership (joint or individual) and actual or estimated

value. Property Description Ownership Actual/Estimated Value

16. Identify the property, if any, acquired by each of the parties prior to marriage or acquired during

marriage by a will or inheritance. Source of Actual/ Property Description Ownership Ownership Estimated Value

17. List debt obligations, including maintenance, not listed in Section 10.A or 10.B above, identified as

to name or names of obligor or obligors and obligees, balance due and rate at which payable; and, if secured, identify the encumbered property.

Debt Balance Payment Encumbered Obligation Obligor Obligee Due Rate Property

42 Admin. Order #216, Rev. 11/16/09

18. List health insurance coverage and the right, pursuant to ERISA §§ 601-608, 29 U.S.C. §§ 1161-1168 (1986), to continued coverage by the spouse who is not a member of the covered employee group.

Health Insurance COBRA Continuation Yes No Unknown AFFIANT /s/

VERIFICATION

State of , County of ,

I swear or affirm under penalty of perjury that this affidavit and attached schedules are true and complete. /s/ Subscribed and sworn this day of , 20 . /s/ Notary Public My Appointment Expires:

43 Admin. Order #216, Rev. 11/16/09

APPENDIX IV Interstate Pay Differential

Adjustments for differences in interstate pay in various locations are computed using the state average weekly pay. This appendix provides a table for the second quarter of 2006, average weekly wages by state. In calculating the Interstate Pay Differential, use the most recent schedule from the web page. Updates for this information are distributed quarterly and can be obtained by going to the Internet address for the United States Bureau of Labor Statistics: http://www.bls.gov/news.release/cewqtr.t04.htm The average weekly pay table reports the average weekly wage for all workers covered by state and federal unemployment insurance (UI). Employers subject to federal and state unemployment law report pay information quarterly to the Department of Labor. Payroll data includes wages, bonuses, cash value meals and lodging when supplied, tips and other gratuities, and in some states, employer contribution to certain deferred compensation plans, such as 401(k) plans and stock options. Employment and wage data reported by the Department of Labor is classified in accordance with the 1987 Standard Industrial Classification (SIC) Manual. This classification manual is updated every three years. To compute the Interstate Pay Differential, you develop a value by dividing the average weekly wage in Kansas (KS) by the average weekly wage of the new state. Average weekly wages for each state are found in the table attached to this appendix and may be higher or lower than the Kansas average weekly wage. EXAMPLE ONE: Using the Interstate Pay Differential, a parent living in Alaska and earning $3,000.00 per month would have a gross monthly income for Kansas child support purposes of: To get the correct multiplier, divide the Kansas weekly wage by the non-Kansas weekly wage and then multiply by the non-residential parent’s monthly income.

Kansas weekly average $662.00 ÷ Alaska weekly average $798.00 = .8296. $3,000.00 x .8296 $2,488.80 Kansas value as adjusted by Interstate Pay Differential

44 Admin. Order #216, Rev. 11/16/09

EXAMPLE TWO: Using the Interstate Pay Differential, a parent in Idaho earning $3,000.00 per month would have a gross monthly income for Kansas child support purposes of: To get the correct multiplier, divide the Kansas weekly wage by the non-Kansas weekly wage and then multiply by the non-residential parent’s monthly income. Kansas weekly wage $662.00 ÷ $613.00 for Idaho weekly wage =1.079 $3,000.00 x1.079 $3,237.00 Kansas value as adjusted by the Interstate Pay Differential The income modified to a Kansas value is entered on line A.1 or B.1 of the Child Support Worksheet.

45 Admin. Order #216, Rev. 11/16/09

Table 1

National and State Average Weekly Pay and Differential of each state’s Average Weekly Pay Compared to Kansas Average Weekly Pay

Source: http://www.bls.gov/news.release/cewqtr.t04.htm

State Average Weekly

Differential compared to Kansas

2006 2006 United States $784 Alabama 682 1.03 Alaska 798 1.21 Arizona 753 1.14 Arkansas 603 0.91 California 892 1.35 Colorado 819 1.24 Connecticut 957 1.45 Delaware 850 1.28 District of Columbia 1307 1.97 Florida 713 1.08 Georgia 752 1.14 Hawaii 722 1.09 Idaho 613 0.93 Illinois 831 1.26 Indiana 687 1.04 Iowa 641 0.97 Kansas 662 1.00 Kentucky 656 0.99 Louisiana 683 1.03 Maine 636 0.96 Maryland 858 1.30 Massachusetts 950 1.44 Michigan 790 1.19 Minnesota 784 1.18 Mississippi 585 0.88 Missouri 691 1.04 Montana 581 0.88 Nebraska 633 0.96 Nevada 751 1.13 New Hampshire 774 1.17

46 Admin. Order #216, Rev. 11/16/09

New Jersey 931 1.41 New Mexico 654 0.99 New York 950 1.44 North Carolina 700 1.06 North Dakota 589 0.89 Ohio 725 1.10 Oklahoma 633 0.96 Oregon 719 1.09 Pennsylvania 768 1.16 Rhode Island 763 1.15 South Carolina 642 0.97 South Dakota 571 0.86 Tennessee 698 1.05 Texas 786 1.19 Utah 660 1.00 Vermont 672 1.02 Virginia 815 1.23 Washington 823 1.24 West Virginia 599 0.90 Wisconsin 687 1.04 Wyoming 706 1.07 Puerto Rico 439 0.66 Virgin Islands 692 1.05

47 Admin. Order #216, Rev. 11/16/09

Table 2 Covered (1) establishments, employment, and wages by state, third quarter 2006 (2)

Employment Average Weekly Wage3

State

Establishments Third Quarter

2006 (Thousands)

September 2006

(Thousands)

Percent change,

September 2005-06

Average Weekly Wage

Percent change,

third quarter 2005-06

United States (4) 8,841.2 134,988.9 1.5 $784 0.9Alabama 117.3 1,938.9 1.6 682 1.9Alaska 21.1 324.8 1.4 798 .1Arizona 150.6 2,629.0 4.2 753 1.1Arkansas 81.9 1,183.9 1.5 603 .7California 1,270.4 15,655.0 1.5 892 .6Colorado 176.9 2,260.1 2.2 819 1.4Connecticut 111.9 1,680.7 1.6 957 -.9Delaware 30.2 424.6 0.5 850 3.4District of Columbia 32.0 674.2 .7 1,307 3.6Florida 588.1 7,941.7 1.9 713 .7Georgia 264.5 4,039.3 2.0 752 .5Hawaii 37.4 621.2 2.3 722 1.1Idaho 55.3 661.2 4.1 613 1.3Illinois 350.2 5,883.6 1.1 831 .7Indiana 155.4 2,922.7 .3 687 -.3Iowa 92.8 1,480.7 1.2 641 .0Kansas 85.6 1,347.3 2.4 662 .6Kentucky 110.7 1,795.1 .9 656 .6Louisiana 122.5 1,835.7 3.7 683 7.1Maine 49.4 610.2 .6 636 .8Maryland 161.5 2,545.0 .7 858 .5Massachusetts 208.8 3,228.1 .9 950 .3Michigan 261.0 4,278.9 -1.8 790 .3Minnesota 165.5 2,685.1 .0 784 -.6Mississippi 69.1 1,134.3 2.9 585 2.1Missouri 172.1 2,725.1 1.1 691 .0Montana 41.4 434.4 2.3 581 3.0Nebraska 57.8 906.9 1.1 633 .0Nevada 72.4 1,287.6 3.7 751 .0New Hampshire 48.9 634.9 .6 774 .3New Jersey 279.8 3,984.7 .7 931 .3New Mexico 52.6 826.1 4.4 654 4.0New York 573.2 8,471.7 .8 950 1.1North Carolina 241.5 3,982.6 1.8 700 1.6North Dakota 24.7 342.2 2.0 589 1.4Ohio 291.7 5,350.9 -.1 725 .3Oklahoma 97.3 1,517.6 2.2 633 3.3Oregon 128.6 1,729.2 2.7 719 .7Pennsylvania 335.9 5,644.8 .8 768 .5

48 Admin. Order #216, Rev. 11/16/09

Rhode Island 36.0 490.8 .8 763 3.7South Carolina 132.4 1,866.0 1.8 642 1.1South Dakota 29.8 389.6 2.1 571 .7Tennessee 137.1 2,761.1 1.4 698 1.2Texas 536.7 10,019.0 3.6 786 2.5Utah 88.1 1,188.7 4.8 660 2.0Vermont 24.7 305.8 .6 672 1.4Virginia 220.0 3,649.5 1.0 815 -.1Washington 214.5 2,911.9 3.3 823 2.7West Virginia 48.2 711.8 1.2 599 1.7Wisconsin 161.8 2,800.8 .5 687 .1Wyoming 24.1 274.1 4.6 706 10.0Puerto Rico 60.6 1,020.9 -1.9 439 1.2Virgin Islands 3.4 43.2 -2.0 692 12.5 1 Includes workers covered by Unemployment Insurance (UI) and Unemployment Compensation for Federal Employees (UCFE) programs. 2 Data are preliminary. 3 Average weekly wages were calculated using unrounded data. 4 Totals for the United States do not include data for Puerto Rico or the Virgin Islands.

49 Admin. Order #216, Rev. 11/16/09

APPENDIX V

Income Tax Considerations

Section A - Dependent’s Exemption And Child Tax Credit

Throughout this appendix, the term “custodial” and “noncustodial” parents are used to comply with tax law. In all other sections in the Kansas Child Support Guidelines, these terms have been updated to comply with the current Kansas law.

Section A.I – Dependent’s Exemption

Generally, the parent with the higher income will benefit more from the tax exemption. The parties should be encouraged to maximize tax benefits and adjust child support equitably.

The party requesting the Income Tax Consideration Adjustment shall have the burden of proof. The amount should be entered on Line E.3.

If the parties share or alternate the income tax exemption, then

Section A should not be used. If the custodial parent elects not to share or alternate the income tax exemption for the minor child by executing IRS Form 8332 or a substantially similar form, the court shall consider the actual economic effect of the failure to share the exemption on the noncustodial parent and may adjust the noncustodial parent’s monthly child support accordingly.

The following discussion and example reflects 2006 tax laws.

For 2006, the federal income tax exemption was $3,300 per person and the Kansas exemption was $2,250. The value of the exemption to the noncustodial parent may be calculated by multiplying the applicable exemption amount by the noncustodial parent’s applicable highest marginal rate at both the federal and Kansas levels. The combined federal and Kansas amount should be divided by 12 to arrive at the monthly amount. A portion of this amount would then be allocated to the noncustodial parent based upon his/her share of the combined income (Line D.2.).

Example: A noncustodial parent has one minor child and has an Adjusted Gross Income in 2006 of $22,750 and assumes the noncustodial parent is in a 15% marginal federal income tax rate and a 6.25% Kansas marginal income tax rate. Accordingly, if the

50 Admin. Order #216, Rev. 11/16/09

custodial parent will not alternate the exemption, the calculation for the value of the exemption would be calculated as $3,300 x .15 for the federal amount and $2,250 x .0625 for the Kansas rate. The resulting total, $636, would be divided by 12 to arrive at the monthly value of $53, which should then be multiplied by 68% (the noncustodial parent’s share of the combined income) producing an adjustment to the guideline child support of a monthly credit of $36 to the noncustodial parent.

Section A.II – Federal Child Tax Credit

Federal income tax law allows a tax credit for parents with a dependent child under the age of 17 on the last day of the tax year. The credit in 2006 is $1,000 for each qualifying child. The credit is only available for a child 16 or younger on the last day of the tax year in question. If the child turns 17 on or before December 31, no tax credit may be claimed as a dependent.

If the right to claim a qualifying child as a dependent is not shared between the parents, the monthly value of the tax credit should be included in the Income Tax Considerations adjustment.

For 2006, the monthly value of the tax credit is $1,000 ÷ 12 for each qualifying child, or $83. If the right to claim the child as a dependent (and the credit) is not shared between the parents, then the noncustodial parent’s monthly child support should be decreased by the proportionate share of the combined income on Line D.2 of the Child Support Worksheet (increased if the noncustodian claims the child as a dependent) in addition to any other Income Tax Adjustment amounts.

Section B – Head of Household Adjustment

If the custodial parent utilizes the standard deduction and files as head of household, a tax benefit results to the custodial parent that, absent custody of the child, might not otherwise be available. Such tax benefit received by the custodial parent can be measured by the difference in the standard deduction for head of household over the standard deduction for a single taxpayer multiplied by the applicable marginal federal and state income tax rates. In addition, the custodial parent is given an additional exemption at the Kansas level due to filing as a head of household. The benefit of the additional exemption is calculated by multiplying the custodial parent’s marginal Kansas income tax rate by the Kansas exemption amount. The total of the standard deduction and additional exemption benefits should be divided by 12 to arrive at the monthly amount. If the court decides it is

51 Admin. Order #216, Rev. 11/16/09

appropriate to share the tax benefits of this deduction, the noncustodial parent’s credit should not exceed his/her proportionate share of the combined income on Line D.2 of the Child Support Worksheet.

Example: A custodial parent has one minor child and has an Adjusted Gross Income in 2006 of $22,750 and assumes the custodial parent is in a 15% marginal federal income tax rate and a 3.5% marginal Kansas income tax rate. The difference in the Federal standard deduction for head of household over that for a single taxpayer is $2,400 ($7,550 - $5,150 = $2,400). This difference multiplied by the custodial parent’s federal marginal income tax rate of 15% results in an income tax benefit of $360. The difference in the Kansas standard deduction for head of household over that for a single taxpayer is $1,500 ($4,500 – $3,000 = $1,500). This difference multiplied by the custodial parent’s marginal Kansas income tax rate of 3.5% results in a benefit of $53, for a combined federal and Kansas standard deduction benefit of $413. Because the custodial parent filed as head of household, the parent was allowed an additional Kansas exemption of $2,250, for an income tax benefit of $79 ($2,250 x .035 = $79). The total income tax benefit for filing as head of household is thus $492. The noncustodial parent’s proportionate share of the combined income is 68% and this percentage should be applied to the head of household tax benefit ($492 x .68 = $335). This amount is divided by 12 to arrive at a monthly credit of $28.

The combined benefits allowed for the dependent’s exemption (Section A, if applicable) and head of household status (Section B) should be combined with any other pertinent income tax considerations and entered on Line E.3 as a negative adjustment for the noncustodial parent.

Section C – Additional Information

The above listed guidelines reflect tax law for 2006. Amounts of exemptions, deductions, and credits, as well as tax law itself will change. Current tax law should be consulted for implementation of and relevance to these guidelines.

The following pages reflect current Federal and Kansas income tax factors. Additionally, a sample Tax Considerations Worksheet is included in this appendix.

52 Admin. Order #216, Rev. 11/16/09

Federal Income Tax Factors

Income Tax Brackets Taxable Income 2008 2009 2010

• Single $ 0 to $ 8,025 0 to 8,350 0 to 8,375 8,026 to 32,550 8,351 to 33,950 8,376 to 34,000 32,551 to 78,850 33,951 to 82,250 34,001 to 82,400 78,851 to 164,550 82,251 to 171,550 82,401 to 171,850

10%

15

25

28

10%

15

25

28

10%

15

25

28

• Head of Household 0 to 11,450 0 to 11,950 0 to 11,950 11,451 to 43,650 11,951 to 45,500 11,951 to 45,550 43,651 to 112,650 45,501 to 117,450 45,551 to 117,650 112,651 to 182,400 117,451 to 190,200 117,651 to 190,550

10

15

25

28

10

15

25

28

10

15

25

28

• Married Filing Joint 0 to 16,050 0 to 16,700 0 to 16,750 16,051 to 65,100 16,701 to 67,900 16,751 to 68,000 65,101 to 131,450 67,901 to 137,050 68,001 to 137,300 131,451 to 200,300 137,051 to 208,850 137,301 to 209,250

10

15

25

28

10

15

25

28

10

15

25

28

• Married Filing Separate 0 to 8,025 0 to 8,350 0 to 8,375 8,026 to 32,550 8,351 to 33,950 8,376 to 34,000 32,551 to 65,725 33,951 to 68,525 34,001 to 68,650 65,726 to 100,150 68,526 to 104,425 68,651 to 104,625

10

15

25

28

10

15

25

28

10

15

25

28 Note: Tax brackets for higher income levels not shown. Standard Deduction

• Single • Head of Household • Married Filing Joint • Married Filing Separate

$ 5,450 8,000 10,900 5,450

$ 5,700 8,350 11,400 5,700

$ 5,700 8,400 11,400 5,700

Personal/Dependent Exemption 3,500 3,650 3,650 Dependent Child Tax Credit 1,000 1,000 1,000

53 Admin. Order #216, Rev. 11/16/09

Kansas Income Tax Factors

Income Tax Brackets Taxable Income • Single, Head of Household and $ 0 to $ 15,000 3.5% Married Filing Separate 15,001 to 30,000 6.25 30,001 to No Limit 6.45 • Married Filing Joint 0 to 30,000 3.5% 30,001 to 60,000 6.25 60,001 to No Limit 6.45 Standard Deduction • Single and Married Filing Separate $ 3,000 • Head of Household $ 4,500 • Married Filing Joint $ 6,000 Personal/Dependent Exemption * $ 2,250 * Head of household entitled to additional exemption

54 Admin. Order #216, Rev. 11/16/09

Sample Worksheet

TAX CONSIDERATIONS – 2006

Section A.I Tax Exemptions (Federal) 3,300 x (1) = (State) 2,250 x (1) = x (3) % = ÷ 12 = per month x # of children = A.II Additional Tax Credit 1,000 x (3) % = ÷ 12 = per month x # of qualifying children = B. Head of Household (Federal) 2,400 x (2) = (State) 1,500 x (2) = (St-Add’l) 2,250 x (2) = x (3) % = ÷ 12 = (1) Use noncustodial parent’s marginal tax rate. (2) Use custodial parent’s marginal tax rate. (3) Noncustodial parent’s percentage from Line D2 of Child Support Worksheet. *************************************************************************************************************************************

ILLUSTRATION OF NARRATIVE AND EXAMPLES CONTAINED IN SECTIONS A AND B

Section A.I Tax Exemptions (Federal) 3,300 x .15 = 495 (State) 2,250 x .0625 = 141 636 x 68% = 432 ÷ 12 = 36 per month x # of children = 36 A.II Additional Tax Credit 1,000 ÷ 12 = 83 X 68% = 56 per month X # of qualifying children = 56 B. Head of Household (Federal) 2,400 x .15 = 360 (State) 1,500 x .035 = 53 (St-Add’l) 2,250 x .035 = 79 492 x 68% = 335 ÷ 12 = 28

55 Admin. Order #216, Rev. 11/16/09

APPENDIX VI

Cafeteria Plans and Salary Reduction Agreements

A. General Definition Under salary reduction agreements, an employee can take advantage of tax deferral through 401(k) or 403(b) plans or by receiving tax-free benefits through a cafeteria plan. Under 401(k) and 403(b) plans, amounts reducing salary are invested in selected investments or annuities for future retirement. Under a cafeteria plan, an employer offers a set of fringe benefits from which participating employees may select. The cafeteria plan can be funded with employer contributions, employee contributions (usually through salary reduction agreements), or a combination of both. The cafeteria plan results in a lower taxable income to the employee where contributions to the plan are from pre-tax income through salary reduction agreements. Qualified benefits which may be offered under a cafeteria plan include: 1. Coverage under an accident or health plan to the extent that the coverage

is excludable from income under Code Section 106. 2. Group term life insurance coverage that is excludable from gross income

under Code Section 79. 3. Dependent care assistance programs under Code Section 129. 4. Qualified cash or deferred arrangements. 5. Adoption assistance programs that meet the requirements of Code

Section 137. 6. Qualified group legal services plans. B. Application to the Guidelines The gross income of the wage earner, regardless of whether it is taxable or nontaxable, is to be used to compute child support payments. Additionally, costs pertinent to child support computations (child care, health insurance premiums, etc.) that were withheld on a pre-tax basis from the employee’s salary would also be considered. Benefits paid by the employer that are truly the company’s expenses and not a reduction of the employee’s gross income would be ignored.

56 Admin. Order #216, Rev. 11/16/09

APPENDIX VII Completed Sample Child Support Worksheet


IN THE MATTER OF: and CASE NO. CHILD SUPPORT WORKSHEET OF

(name) A. INCOME COMPUTATION – WAGE EARNER MOTHER FATHER 1. Domestic Gross Income $ 893 $ (Insert on Line C.1. below)* B. INCOME COMPUTATION – SELF-EMPLOYED †1. Self-Employment Gross Income* 3,000 †2. Reasonable Business Expenses (-) 1,232 †3. Domestic Gross Income 1,768 (Insert on Line C.1. below) C. ADJUSTMENTS TO DOMESTIC GROSS INCOME †1. Domestic Gross Income 893 1,768 2. Court-Ordered Child Support Paid (-) 0 0 3. Court-Ordered Maintenance Paid (-) 0 0 4. Court-Ordered Maintenance Received (+) 0 0 †5. Child Support Income 893 1,768 (Insert on Line D.1. below) D. COMPUTATION OF CHILD SUPPORT †1. Child Support Income 893 + 1,768 = 2,661 †2. Proportionate Shares of Combined Income 33.5 % 66.5 % (Each parent’s income divided by combined income) †3. Gross Child Support Obligation** (Using the combined income from Line D.1. find amount for each child and enter total for all children) Age of Children 0-5 6-11 12-18 Total Number Per-Age Category 1 1 0 Total Amount 283 + 320 + 0 = 603 † Examples provided in Appendix VIII * Interstate Pay Differential Adjustment? Yes X No **Multiple Family Application? Yes X No

57 Admin. Order #216, Rev. 11/16/09

Case No.

MOTHER FATHER 4. Health and Dental Insurance Premium $ 0 $ 125 = 125 5. Work-Related Child Care Costs 112 Formula: Amt. – ((Amt. X %) + (.25 x (Amt. x %))) for each child care credit = 112 Example: 200 – ((200 x .30%) + (.25 x (200 x .30%))) †6. Parents’ Total Child Support Obligation 840

(Line D.3. plus Lines D.4. & D.5.) †7. Parental Child Support Obligation 281 559 (Line D.2. times Line D.6. for each parent) †8. Adjustment for Insurance and Child Care (-) (112) (125) (Subtract for actual payment made for items D.4. and D.5.) †9. Basic Parental Child Support Obligation 169 434 (Line D.7. minus Line D.8.; Insert on Line F.1. below) E. CHILD SUPPORT ADJUSTMENTS AMOUNT ALLOWED APPLICABLE N/A CATEGORY MOTHER FATHER 1. Long Distance Parenting Time Costs (+/-) (+/-) 2. Parenting Time Adjustment (if b. %___) (+/-) (+/-) 3. Income Tax Considerations (+/-) (+/-) 4. Special Needs (+/-) (+/-) 5. Agreement Past Majority (+/-) (+/-) 6. Overall Financial Condition (+/-) (+/-) 7. TOTAL (Insert on Line F.2. below) 0 0 F. DEVIATION(S) FROM REBUTTABLE PRESUMPTION AMOUNT AMOUNT ALLOWED MOTHER FATHER 1. Basic Parental Child Support Obligation 169 434 (Line D.9. from above) †2. Total Child Support Adjustments (+/-) 0 0 (Line E.7. from above) 3. Adjusted Subtotal (Line F.1. +/- Line F.2.) 169 434 †4. Enforcement Fee Allowance Percentage 4% **(Applied only to Nonresidential Parent) Flat Fee $ 0 ((Line F.3. x Collection Fee %) x .5) or (Monthly Flat Fee x .5)) (+) 0 (+) 9 5. Net Parental Child Support Obligation 169 443 (Line F.3. + Line F.4.) /s/ Judge/Hearing Officer Signature **Parent with nonprimary residency Date Signed Prepared By Date Approved

X

X X

X X

X

58 Admin. Order #216, Rev. 11/16/09

APPENDIX VIII

Examples and Scenarios for Preparing the Child Support Worksheet

These specific examples and scenarios are provided to further explain Section III, General Instructions and Section IV, Specific Instructions for the Worksheet. The examples in this Appendix follow the sample worksheet found in Appendix VII. EXAMPLE 1. Section IV. Specific Instructions for the Worksheet A. Income Computation -- Wage Earner (Section A)

Scenario 1: Mother earns a minimum wage and has a Domestic

Gross Income of $893 per month. B. Income Computation -- Self-Employed (Section B)

Scenario 2: Father is self-employed and has a Self Employment Gross Income of $3,000 per month. Reasonable Business Expenses for Father are documented at $1,232. Father’s Domestic Gross Income is $1,768 ($3,000-$1,232 = $1,768).

C. Adjustments to Domestic Gross Income (Section C) Child Support Income (Line C.5) 1. Child Support Income (Line D.1)

Child Support Income from Line C.5 should be transferred to Line D.1 Scenario 3: Neither Father nor Mother has any adjustments to the

Domestic Gross Income. Therefore, the Child Support Income for Father is $1,768 and is $893 for Mother.

D. Computation of Child Support (Section D) 1. Proportionate Shares of Combined Income (Line D.2)

Scenario 4: Father earns $1,768 Child Support Income per month. Mother earns $893 Child Support Income per month. Their Combined Child Support Income is $2,661. Father’s proportionate share of the Combined Child Support Income is $1,768 divided by $2,661 or 66.5%. Mother’s proportionate share of the Combined Child Support Income is $893 divided by $2,661 or 33.5%.

59 Admin. Order #216, Rev. 11/16/09

2. Gross Child Support Obligation (Line D.3)

The following is a scenario for determining the gross support obligation on Line D.3 of the worksheet.

Scenario 5: The parents above have two children, ages 6 years, 7 months and 3 years, 10 months. In using the “Two-Child Families” schedule, $2,661 is found in the left-hand column. Under the first column for the four-year-old, $283 is identified, and in the next column for the seven-year-old, $320 is identified. These two amounts are added together to find the total Gross Child Support Obligation of $603 per month.

The following are two Multiple-Family Adjustment scenarios for determining the gross support obligation on Line D.3 of the worksheet.

Scenario 6: The Father with two children in the above example remarries and has a one-year-old child by the subsequent marriage. The Child Support Schedule for “Three-Child Families” should be used. At $2,661 combined income of the parties, the amounts $253 and $287 are found and the sum of $540 is entered on Line D.3. Scenario 7: The Father with two children in the above scenario remarries twice and has a one-year-old child by the second marriage and a two-month-old child by the third marriage. The Child Support Schedule for “Four-Child Families” should be used. At $2,661 combined income of the parties, the amounts $218 and $246 are found and the sum of $464 is entered on Line D.3. The following is a Divided Residency scenario for determining the gross support obligation on Line D.3 of the worksheet. Scenario 8: The Father in the above scenario has primary residency of the older child, six years and seven months. The Mother has primary residency of the younger child, three years and ten months. The Child Support Schedule for “One-Child Families” should be used for calculating the support for each household. At $2,661 combined income of the parties, the worksheet for the Father to pay support to the Mother would show $377 at Line D.3. The worksheet for the Mother’s obligation for the older child would show $427 at Line D.3. Without considering any other factors besides income in this scenario and after the remaining calculations are carried through, the Father would pay the Mother $377 for the younger child. The Mother would pay the Father $427 for the older child. The net result is that the Mother would pay the Father $50 per month.

60 Admin. Order #216, Rev. 11/16/09

3. Health and Dental Insurance Premium (Line D.4)

Scenario 9: Father has a single-coverage policy. To add the children would cost an additional $125 a month. Therefore, $125 would be entered in Father’s column and as the total on Line D.4 of the Worksheet.

4. Work-Related Child Care Costs (Line D.5)

Table 1 (Applicable for Tax Years Beginning in 2003)

Maximum Maximum Monthly Monthly Credit Adjusted Applicable Credit Two or More Gross Income Percentage One Child Children

BUT NOT OVER OVER $ 0 $15,000 35% $87.50 $175.00 15,000 17,000 34% 85.00 170.00 17,000 19,000 33% 82.50 165.00 19,000 21,000 32% 80.00 160.00 21,000 23,000 31% 77.50 155.00 23,000 25,000 30% 75.00 150.00 25,000 27,000 29% 72.50 145.00 27,000 29,000 28% 70.00 140.00 29,000 31,000 27% 67.50 135.00 31,000 33,000 26% 65.00 130.00 33,000 35,000 25% 62.50 125.00 35,000 37,000 24% 60.00 120.00 37,000 39,000 23% 57.50 115.00 39,000 41,000 22% 55.00 110.00 41,000 43,000 21% 52.50 105.00 43,000 No Limit 20% 50.00 100.00 The applicable percentages may vary from year to year. Current tax law should be consulted for the current applicable percentages. See IRS Form 2441 and instructions for details.

61 Admin. Order #216, Rev. 11/16/09

Scenario 10: Child care is needed for the preschool child. The cost of the child care is $200 per month. Mother pays for the costs of the child care and has an annual Adjusted Gross Income of $10,716. The applicable percentage for the federal child care credit is 35% from table one above. The percentage is applied to the monthly child care costs ($200 x .35 = $70). The resulting amount is then multiplied by 25% to obtain a Kansas child care credit of $18 ($70 x .25 = $18). As such, $88 ($70 + $18 = $88) is subtracted from the monthly child care costs ($200 - $88 = $112). The result of $112 would be entered in the parent’s column and as the total on Line D.5 of the worksheet. The formula for computing the allowed work-related child care cost is as follows:

Amt. - ((Amt. X %) + (.25 x (Amt. X %))) As used in this formula Amt. = Monthly child care costs % = Applicable percentage of federal child care credit Amt. - ((Amt. X %) + (.25 x (Amt. X %)) 200 – ((200 x .35) + (.25 x (200 x .35))) 200 – (70 + (.25 x 70)) 200 – (70 + 18) 200 – 88 = 112 5. Parents’ Total Child Support Obligation (Line D.6)

Scenario 11: The Parents’ Total Child Support Obligation is obtained by adding the $603 Basic Child Support Obligation (Line D.3) from Scenario 5 plus $125 in Health and Dental Insurance Premium (Line D.4) and $112 in Work-Related Child Care Costs (Line D.5). The Parents’ Total Child Support Obligation is $840 per month.

6. Parental Child Support Obligation (Line D.7)

Scenario 12: On Line D.2 Father had 66.5% of the Combined Child Support Income and Mother had 33.5%. Therefore, Father’s obligation is $559 (.665 x $840). Mother’s obligation is $281 (.335 x $840).

62 Admin. Order #216, Rev. 11/16/09

7. Adjustments for Health and Dental Insurance Premiums and Work-Related Child Care Costs (Line D.8)

Scenario 13: Father pays $125 per month for health insurance.

Therefore, $125 should be subtracted from Father’s child support obligation of $559 to make a net obligation of $434. Mother pays $112 per month child care costs. Therefore, $112 should be subtracted from her child support obligation of $281 to make a net obligation of $169.

8. Basic Parent Child Support Obligation (Line D.9)

Scenario 14: Mother has primary residency. Therefore, Father’s basic child support obligation is $435 and Mother’s basic child support obligation is $170 before adjustments or enforcement fees are considered.

E. Child Support Adjustments (Section E) 1. Total (Line E.7)

Scenario 15: Neither Father nor Mother is claiming any Child Support Adjustments. Therefore, the Total for each parent is zero.

F. Deviation(s) From Rebuttable Presumption Amount (Section F) 1. Enforcement Fee Allowance (Line F.4)

Scenario 16: The court trustee deducts 4% per month from the amount paid by the parent having nonprimary residency before distributing the payment to the parent having primary residency. Multiply the amount on Line F.3 by the applicable percentage (4%). Multiply the result by .5 to divide the fee into two equal parts and enter this amount on line F.4 for each parent. Add lines F.3 and F.4 to arrive at the net child support obligation which is entered on line F.5.

Scenario 17: The court trustee fee is set at $4.00 per month.

Multiply the fee by .5 ($4.00 x .5 = $2.00), round the figure to the nearest whole dollar and add the amount, $2.00, to the column for the parent having nonprimary residency on Line F.4.

EXAMPLE 2. Section III. General Instructions A. Income Beyond The Child Support Schedule

Instructions for calculating the child support formula for one child, age 12-18, at higher income levels:

63 Admin. Order #216, Rev. 11/16/09

In order to calculate the formula, a calculator with an exponential function is needed. The exponential function will be marked yx. The exponential key raises y to the power of x. The “Power” function on Microsoft Excel spreadsheets can also be used. Using the Insert, Function option on the main toolbar; choose the category Math & Trig; then select Power on the function list. Enter the appropriate monthly income and power (.695770313) and then multiply the result by the multiplier found in the appropriate Child Support Table in Appendix II. For example, the formula for a one child family is: Income0.695770313 X 2.550826591 If monthly income is $12,000, enter the following on the calculator: Step 1 - Enter “12000” Step 2 - Hit the “yx” key Step 3 - Enter “.695770313” Step 4 - Hit the multiplication key “X” Step 5 - Enter “2.550826591” Step 6 - Hit the equal key “=” Step 7 - The calculated amount is $1,758 If the child is between 16 and18: Step 8 - If the child is 6-11, multiply $1,758 by .86, or If the child is 0-5, multiply $1,758 by .76 If using the Power function on a spreadsheet, calculate the result of the Power function then multiply that result by 2.550826591 then multiply that result by the appropriate age category multiplier. If monthly income is $12,000 follow these steps using the Power function, displayed as “=POWER(number,power),” available in Excel or other spreadsheet:

Step 1 - =POWER(12000,0.695770313) = $689 Step 2 - =(689*2.550826591) = $1,758 Step 3 - If child is 6-11 = ($1,758*.86) If child is 0-5 = ($1,758*.76)

This calculation is a per child calculation and should be added to the appropriate line of section D.3 of the Child Support Worksheet. Therefore, the amounts for each child should be added together to arrive at the total child support amount pursuant to Section V, Subsection D.3.

64 Admin. Order #216, Rev. 11/16/09

APPENDIX IX

Military Pay and Allowances

The military pay system is complex and multi-faceted. The following is a brief glossary of some regularly received types of military pay that may be considered for the purpose of calculating child support. Information about military pay and allowances can be found at: http://www.military.com/benefits/military-pay. Basic Pay The amount of basic pay is determined by the length of time in service and rank. Basic Allowance for Subsistence (BAS) BAS is a non-taxable allowance for food and is paid when a service member serves on active duty. An enlisted member may, under certain circumstances, receive a commutation (commuted rations) when performing inactive duty training. Basic Allowance for Housing (BAH) BAH is the non-taxable allowance for housing which replaces BAQ (Basic Allowance for Quarters) and VHA (Variable Housing Allowance). BAH increases with rank and varies by location. The BAH with-dependent rate goes to service members with at least one dependent, but does not increase with additional family members. BAH is intended to provide partial compensation for the cost of housing while serving on active duty. BAH is used to compensate a service member when serving on active duty for more than 139 days or for service members serving in support of a contingency operation (i.e. Kosovo). BAH-II BAH-II is the equivalent to what used to be the Basic Allowance for Quarters and does not vary by geographic location. BAH-II is used to compensate individuals when serving on active duty less than 139 days, not in conjunction with a contingency operation. Inactive Duty Training (IDT) Pay This is peacetime duty and is commonly referred to as “drill pay.” The amount earned for each drill equals 1/30th of the monthly basic pay rate for the service member’s rank and years of service.

65 Admin. Order #216, Rev. 11/16/09

Incentive or Special Pays Many service members are eligible for additional special pay for a wide variety of skills or duties. This is in addition to basic pay or IDT pay. Examples of incentive or special pay include Aviation Career Incentive Pay (for pilots, navigators, crew members, and flight surgeons), Hazardous Duty Pay (parachuting, demolitions work, carrier flight deck operations, etc.), and Hostile Fire/Imminent Danger Pay (for service members serving within an officially declared hostile/imminent danger zone). Other examples of incentive or special pays are related to duty associated with diving, sea duty, submarine duty, foreign language proficiency, and healthcare professionals. All basic pay and incentive pay is taxable. These special pays are authorized under Title 37, U.S. Code. Family Separation Allowance Family Separation Allowances are paid monthly when a service member is ordered to active duty away from permanent duty station in excess of 30 days, but not exceeding 20 weeks. Pay is only paid to service members with dependents. Other Allowances The military provides other smaller allowances to help cover the cost of new uniforms and official travel.

Travel: The government pays for official travel when a service member is required to perform temporary duty away from his/her permanent duty site, with some restrictions. The type of transportation must be the least expensive option that is timely and appropriate. Clothing and Uniform: The military replaces enlisted members’ worn-out uniforms with new clothing items or may provide a cash allowance if clothing is not provided. Officers receive an initial allowance of not more than $400 and can receive a supplemental allowance each time they serve on active duty for more than 90 days unless it is within two years of receiving their initial clothing allowance or an allowance if an officer entered on that tour within two years of completing a period of active duty of more than 90 days. Service members are allowed to list on tax form 2016 (Employee Business Expenses) all non-reimbursed uniform expenses to include maintenance, repair, or alterations of uniforms.

66 Admin. Order #216, Rev. 11/16/09

Direct Deposit of Pay and Allowances Pay and allowances are sent to the service member’s designated financial institution account via electronic funds transfer. Direct deposit is mandatory. Taxes Federal income and social security taxes are automatically withheld from basic, special, and incentive pays, inactive training pay, and funeral honors duty stipend. Allowances such as BAS and BAH are exempt. Service members on active duty pay state income tax only to their state of legal residence regardless of where they are serving. Travel

• If a service member is required to stay away from his/her personal place of residence overnight while performing authorized drills (IDTs) and training duty (AT/ADT), he or she may deduct all of the cost of the travel expenses including meals, subject to a limitation of 50%, and lodging (if it is not furnished).

• There are many times when Guard and Reserve members are required to drive to the Reserve Center at dates and times other than normal drills. Service members are entitled to deduct round-trip mileage since the travel was performed in order to meet higher authority directives. It is important to keep a log of any additional trips and miles. They can be reported for tax purposes (under Employee Business Expenses) with complete information including name, rank, unit attached, brief description of position and duties assigned, number of drills attended, pay/non-pay, and the number of miles from the member’s business location to the Reserve Center.

Special Tax Treatment Service in the Armed Forces may cause a service member to incur expenses for which reimbursement is not allowed. The service member may, however, be allowed to deduct such expenses for income tax purposes. Whether these deductions are similarly allowable under the Child Support Guidelines should be addressed on a case-by-case basis.

67 Admin. Order #216, Rev. 11/16/09

Appendix X

Example Plans for Sharing Direct Expenses Sample 1 IT IS FURTHER ORDERED that in addition to the monetary child support as required by the shared expense formula, that they will share the following direct expenses of the minor child: A. The purchase of school clothing shall be done jointly by the Petitioner and

the Respondent during the month of August. The parties agree that they will each be responsible for one-half of the cost of school clothing.

B. The parties further agree that they will shop for the children’s summer

clothes during April or May. Each party shall be responsible for one-half of the cost of the children’s summer clothing.

C. The parties further agree that they are each free to buy additional clothing

for the minor children at any time at their own expense. The parties agree that clothing shall be permitted to pass back and forth between households.

D. The parties further agree to share the cost of school enrollment, books,

and supplies on an equal basis. E. School lunches shall be prepaid for each of the minor children with each

parent paying half of the cost directly to the school. F. The parties agree to share the cost of any field trips on an equal basis.

Each party shall be responsible for making the payments directly to the school.

G. The parties agree that the child may be involved in extracurricular

activities with the consent of the other parent. They further agree that the cost of such agreed activity, including any uniforms or equipment, shall be shared on an equal basis.

H. The parties agree that failure to make their respective contributions for the

direct expenses of the children may result in termination of the shared child support formula, attorney fees, or other sanctions.

I. This arrangement is deemed to be in the best interest of the minor

children.

68 Admin. Order #216, Rev. 11/16/09

Sample 2 A. Each party shall pay for the clothing and related items for the child that will

be used and kept at each party’s respective residence. The parties shall, within a reasonable degree, attempt to segregate and return any clothing that was purchased by the other party when the child wears the same to the other party’s residence upon exchanging custody as herein provided. Should either party desire to purchase an article of clothing which would be shared between the parties’ residences, the party shall notify the other party of the intended purchase of the article and price range thereof prior to the purchase thereof in writing and shall attempt to reach an amicable solution to the splitting of the costs thereof with the other party. If no solution can be reached, then the purchase of such article of clothing shall be based upon a reasonable standard.

B. The parties agree that the child may be involved in extracurricular

activities with the consent of the other parent. They further agree that the cost of such agreed activity, including any uniforms or equipment, shall be shared on an equal basis.

C. The parties shall each pay one-half of the following direct expenses of the

child: 1. Any clothing needed for the child’s special events, (which shall

include, but not be limited to, prom dresses, sports uniforms, scout uniforms) so long as the expenditure for such clothing is reasonable and discussed with the other party prior to the purchase thereof;

2. Any school-related expenses which are not included in the child’s

regular tuition and fees, as long as such expenses are reasonable and discussed with the other party prior to the expenditure thereof; and

3. Any direct expenses unrelated to school but relating to education,

so long as such expenses are reasonable and discussed with the other party prior to the expenditure thereof.

4. The term "direct expenses" as used herein includes only those

items included in this paragraph, including any subparts. In the event that either of the parties wish to incur what they believe to be additional direct expenses of the child, they should follow the procedure for splitting the reasonable cost thereof with the other party by the method specified in paragraph a, above.

D. At the end of each quarter of the calendar year, or at any time mutually

agreed upon by the parties, the parties shall present to each other their

69 Admin. Order #216, Rev. 11/16/09

respective expenditures for direct expenses of the minor child in the form of receipts for purchases thereof and cancelled checks or other form of payment. After totaling the amount of expenditures for each party, the party with the lower amount of expenditures shall reimburse the other party one-half of the difference within thirty (30) days. Failure of one party to submit any such direct expenses to the other party by use of this method for a period of 120 days following the expenditure shall extinguish any right of reimbursement from the non-participating party in such expense.

E. Failure of either party to pay their respective share of the child’s direct

expenses as they become due may be considered a basis for terminating the shared residency formula, attorney fees, or other sanctions.

F. This arrangement is deemed to be in the best interest of the minor

children. Sample 3 IT IS FURTHER ORDERED that as part of the shared expense formula of the parties, the parties shall share the direct expenses of the minor children, as follows: A. The Petitioner shall be responsible for all school expenses, school

lunches, tuition, enrollment, and all extra curricular activity expenses, including all school activity clothing and equipment;

B. the Respondent shall be responsible for the cost of the children’s clothing,

haircuts, makeup, and personal items; C. the parties shall permit clothing to pass between households on a

reasonable basis; D. this arrangement is deemed to be in the best interest of the minor children. Sample 4 A. The parties agree to share the reasonable direct expenses of the children

pursuant to the Kansas Child Support Guidelines. B. The parties agree that the historical direct expenses of the minor children

are as follows: 1. School related expenses a. Tuition b. Fees

70 Admin. Order #216, Rev. 11/16/09

c. Testing costs of standardized college admission testing d. School lunches 2. Extracurricular activities a. Pom pon Squad b. Softball c. Dance lessons d. Young Life camp e. Scouts 3. Clothing

a. Day to day/school (Each party agrees to provide a minimum of $200 worth of clothing for each child per quarter and that the clothing shall pass back and forth between households.)

b. Pom pon uniforms 4. Transportation

a. Fuel (Father and mother agree to provide up to $50 per month fuel for child’s car.)

b. Maintenance (Father and mother agree to share equally the maintenance on the child’s car; any expenses that are likely to cost more than one hundred dollars shall be discussed before being incurred; the party not incurring the expense shall have the right to obtain a second estimate before the expense is incurred.)

c. Mother shall carry the child on her auto insurance; father shall reimburse the mother one-half of the additional cost of carrying the child.

5. College

a. Visits (Each parent may elect to take the children on college visits at their own cost.)

b. Post graduation costs (Each parent shall contribute to college expenses as they deem appropriate.)

6. Haircuts, makeup, manicures and personal items: Mother and

father each agree to provide up to $75.00 per quarter for children’s haircuts, makeup, manicures, and personal items.

7. The parents shall maintain a record of their expenditures on direct

expenses of the children in the form of receipts. Reimbursement/balancing of accounts: if necessary, the mother

71 Admin. Order #216, Rev. 11/16/09

and father shall exchange expense information each quarter by the 15th of the month following the quarter. Necessary payment to equalize shall be within 30 days of the exchange of expenses. In the event that the balance is less than $100, no payment is necessary.

Sample 5 IT IS FURTHER ORDERED that in addition to the monetary child support as required by the shared expense formula arrangement, the parties shall share the following expenses: a. The Petitioner shall purchase the regular clothing for the minor children

which shall go back and forth between households.

b. The Respondent shall pay all of the school expenses, including fees, tuition, school lunch, field trips, books and supplies.

c. The parties shall each pay one-half of the following direct expenses

of the children:

1) Any clothing needed for the child’s special events, (which shall include, but not be limited to, scouts, prom, sports) so long as the expenditure for such clothing is reasonable and discussed with the other party prior to the purchase thereof.

2) The parties shall each pay one-half of any direct expenses of the

child unrelated to school but relating to the education, health or fitness, so long as such expenses are reasonable and discussed with the other party prior to the expenditure thereof, i.e. band instruments, portable calculator, etc.

d. This expense sharing plan is in the best interest of the minor children.

e. Failure to share expenses pursuant to the foregoing formula may result in a reversion to a conventional child support formula with parenting time credit.

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Sample 6 Examples of common expenses that may be shared include but are not limited to:

1. School Related Expenses

a. Tuition b. Fees c. Testing costs of standardized college admission testing d. School lunches e. Field Trips

2. Extracurricular activities

a. Pageants b. Musical instruments c. Sports d. Dance lessons e. Camp

3. Clothing

a. Day to day school b. School uniforms c. Sports uniforms

4. Transportation

a. Fuel for child’s car b. Maintenance for child’s car c. Insurance for child’s car

5. Personal Grooming

a. Haircuts/Styling b. Manicures c. Makeup

6. Miscellaneous

a. Cell phone b. High speed internet access

73 Admin. Order #216, Rev. 11/16/09

TOPIC INDEX

Age ............................................................................................. 6, 18, 28, 36, 37, 57 Birth Expenses ....................................................................................................... 10 Cafeteria Plans ....................................................................................................... 56 Changes of Circumstance ...................................................................................... 21 Child Support Adjustments ............................................... 2, 5, 15, 19, 20, 29, 58, 63 Child Support Guidelines Advisory Committee ................................................ 22, 23 Child Support Income ................................................... 2, 5, 6, 11, 12, 28, 57, 59, 62 Child Support Schedules .......................................................................... 2, 6, 10, 12 Child Support Worksheet ............................................. 1, 2, 7, 28, 50, 51, 55, 57, 59 Court trustee .............................................................................................. 19, 20, 63 Court-Ordered Child Support Paid ............................................................. 11, 28, 57 Court-Ordered Maintenance Paid .............................................................. 11, 28, 57 Court-Ordered Maintenance Received ....................................................... 11, 28, 57 Depreciation ............................................................................................................. 4 Direct Expenses ....................................................................................................... 2 Disbursement of Support Payments ................................................................. 20, 21 Dissolution Burden ................................................................................................... 3 Divided Residency ............................................................................................. 7, 12 Domestic Gross Income ..................................................... 3, 4, 5, 10, 11, 28, 57, 59 Domestic Gross Income - Self-Employed ................................................................ 4 Domestic Gross Income--Wage Earner ................................................................... 3 Domestic Relations Affidavit .............................................................................. 5, 36 Endnotes ................................................................................................................ 23 Enforcement Fee Allowance ................................................................ 20, 29, 58, 63 Federal Child Tax Credit ........................................................................................ 50 Federal Income Tax Factors ............................................................................ 52, 53 Federal Retirement .................................................................................................. 2 Head of Household Adjustment ............................................................................. 50 Health and Dental Insurance Premium ................................................ 29, 58, 61, 62 Imputed Income ....................................................................................................... 4 Income Beyond the Child Support Schedule ............................................................ 6

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Income Tax ...................................................... 18, 29, 37, 40, 49, 50, 52, 53, 54, 58 Interstate Pay Differential ..................................................................... 10, 28, 43, 57 Kansas Child Care Credit ................................................................................. 14, 62 Kansas Income Tax Factors .................................................................................. 54 Long-Distance Parenting Time ............................................................................... 15 Military Pay ............................................................................................................ 65 Minimum Wage .................................................................................................. 4, 59 More than Six Children ............................................................................................. 6 Multiple-Family Application ................................................................................ 7, 12 Net Parental Child Support Obligation ........................................... 1, 5, 7, 20, 29, 58 Overall Financial Conditions of the Parties ............................................................ 19 Overtime .................................................................................................................. 3 Parent’s Total Child Support Obligation ..................................................... 14, 29, 58 Parental Child Support Obligation ................................ 14, 15, 19, 20, 22, 29, 58, 62 Parenting Time Adjustment ........................................................................ 16, 29, 58 Payment of Child Support ...................................................................................... 20 Proportionate Shares ........................................................................... 12, 28, 57, 59 Reasonable Business Expenses ................................................ 4, 10, 28, 37, 57, 59 Rebuttable Presumption ................................................................................... 19, 63 Residence with a Third Party ................................................................................... 9 Review of Guidelines ............................................................................................. 22 Rounding .................................................................................................................. 5 Salary Reduction Agreements ............................................................................... 56 Self-Employment Gross Income ............................................................. 4, 10, 28, 57 Shared Residency .............................................................................................. 7, 13 Social Security ........................................................................................... 10, 36, 37 Special Needs ...................................................................................... 18, 29, 40, 58 SRS ........................................................................................................................ 20 Support of Children Beyond the Age of Majority .................................................... 18 Unreimbursed Health Costs ................................................................................... 13 Work-Related Child Care Costs ............................... 2, 13, 14, 15, 29, 58, 61, 62, 63

KANSAS CHILD SUPPORT GUIDELINES - · PDF fileAdministrative Order No. 216 Amended November 30,...

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